Brian White v Missouri American Water
20-018403 dec. 10-1-2024
The Fund appealed a PTD award against it on a primary 12.5% settlement and in which the ALJ allowed some of claimant's 10 prior settlements to combine to reach threshold levels.
Claimant is 58 years old and treated essentially for a chest strain which the treating doctor felt represented 5% new disablity imposed on prior conditions. Claimant relied upon opinions of Dr. Volarich and Gonzalez who found claimant total combo with prior back and shoulder conditions.
The Commisision rejected the Fund argument that an occupational disease was not a qualifying condition and found multiple successive conditions to the same body part (back) could combine.
Atty: Gregory, Kincaide
ALJ Keaveny
Experts, Volarich, Gonzalez
