Russell Locascio v Groendyke Transport Inc.
Inj. No. 14-104642 2024 MO WCLR LEXIS 18, 19
Venue: Jackson County (Cain, ALJ)
Experts: Stuckmeyer, Cordray,Drieling, Lenarz
Release Date: May 30 2024 (2014 accident date)
Atty: Mason, Friedman
The Commisson modifes an award of PTD for last accident alone from a shoulder injury to an award of 35% PPD of the shoulder with a 3x operated shoulder while affirming open medical (based on finding of possible need for reverse total shoulder).
The ALJ noted that claimant changed the theory of the recovery of the 2014 accident to comply with a Cosby analysis and retook expert depos.The ALJ relied upon vocational opinion that claimant's "need" to remain recumbent due to symptoms of last accident alone rendered him unable to work. An expert concluded any PTD was last accident alone 6 years after the accident, after 3 earlier reports indicated the last accident caused only a partial disablity. The commisson foudn the expert lacked crediblity for flipping. The commission also concluded crediblity of the vocational expert "tainted" by lack of analytic consistency.
