Jeffrey Wetzel v GM Johnson
Issue Date: July 16, 2024
Inj. No. 18-021613 , 2024 MO WCLR LEXIS 26
Venue: Carol County (Rebman, ALJ)
The Commission reversed an award of PTD benefits against the second injury fund, and finds a failure of proof that claimant produced a medically qualified pre-existing disability. Claimant relied upon his self-reported history of a prior back injury, a prior 17% settlement, and an expert who rated the prior settlement. The Commission noted that claimant offered no prior treating records and the expert,Dr. Volarich, asked for but did not receive prior treating records. Claimant settled the primary crush injury for $55,000 and sought to recover fund benefits from a prior injury while working as an ironworker and sustained multiple fractures to his back from a fall.
a qualified
medically documented preexisting disability as required by § 287.220.3(2)(a)a