Wednesday, October 30, 2024

Claimant fails to prove back injury resulted in need for surgery

 Neitzert v New Bloomfield

Release Date Oct 30 2024

Venue:  Callaway County

The Commission 2-1 affirms an award of 15% BAW for a back strain while trying to move a drill press and found claimant's need for surgery flowed from subsequent degenerative conditions and not from the work injury based on the expert opinion of Dr. Chabot.    A dissent asserted because claimant denied priors, that all benefits including PTD flowed from her admitted back strain and escalated years later into a need for surgery.

 ALJ Farmer