Hasselbring v Mo. County Nursing Home District
Inj. No. 21-079066 2024 MO WCLR LEXIS 22
Release Date 5 28 2024 (D./A. Nov. 2021) NOA 6 12 2024 WD 877279
The Comission reverses an award of temporary benefits (ALJ Fischer) and fnds claimant failed to carry his burden of persuasion that he had an injury by accident.
Employer had disputed $127,000 in medical expenses. Claimant was transporting a large women in a wheelchair, lost control of the wheel chair and the estimated 500 pound weight of woman and chair ran over his foot. His leg lost circulation and was surgically amputated above the knee when corrective surgery to restore circulation failed. . Claimant had a prior history to the leg with findings of aneurysm in the leg with prior advice to surgically improve blood flow to allow exercise.
Dr. Fernandez and Dr. Rao disagreed about the role of the accident in the need for surgery. Dr. Rao felt it was only an initiating factor and that the accident did not cause a loss of blood supply and had chronic ischemia. Dr. Fernandez stated it caused swelling and surgery was necesary when he could not re-vascularize the foot. The Commission distinguished the case from Tillotson, and found no proof of a compensable injury by accident because the accident was not the cause of the resulting medical condition.
cident involving the wheelchair was not the prevailing factor in causing both his resulting medical condition and disability. Absent the requisite proof of a compensable injury, Tillotsondoes not support an award against employer/insurer for the cost of past or future medical treatment.
or future medical treatment.
