Jeremy Jarvis v Monsanto
Inj. No. 15-098439
decision: Oct 3, 2024
The Commission affirms a denial of SIF benefits on a failure to prove a prior arm condition was a qualifying prior disablity. The second injury fund indicated claimant was bound by a prior settlement amount, and the Commission concluded that a prior settlement amount was relevant but not controlling like a binding judgment.
A dissent found that other qualifying disability supported an award regardless of the history of a fracture adn noted vocational opinon that claimant's movements would make him appear disabled to a potential employer.
The ALJ noted two separate issues whether claimant was totally disabled and whether the Fund had liability and that the conclusion, although listed in alternate scenarios, included nonqualifying disaiblity. The vocational expert indicated the right leg alone might render claimant totally disabled due to a need to accomodate pain control.
The 45 year old ironworker sought PTD benefits against the SIF after settling with the employer and relied upon two prior cases, one in which the fund had paid benefits. The ALJ found a leg injury at 2011 by itself did not meet the minimum threshold but become more disabling due to a subsequent teatment. The ALJ, however, found claimant's prior left wrist injury did not make threshold and that Dr. Volarich's efforts to make the PPD a bigger number were not persuasive.
The ALJ left unresolved whether a loading factor paid by the employer could be considered.
ALJ Boresi
Atty: Knepper, Campbell
Experts: Volarich, Lalk
