Diabetic worker fails to convince judge that work was the prevailing factor in CTS

Larry Santhuff v Doe Run

Inj. No. 20-055584

Decision:  Dec. 13, 2024

The Commission affirms a denial of a claim of injury by occupational disease and finds a diabetic claimant failed in the burden of persuasion  that hand-intensive work that was a mild-moderate risk of trauma was the prevailing casue of carpal tunnel syndrome.

The ALJ found Dr. Brown more persausive in his explanation of the role of diabetes as the more severe risk factor noting EMG evidence likely from diabetes both to the ulnar, median and sensory nerves.  Dr. Brown dismissed the finding of synovium thickening or improvement after surgery as convincing factors why the conditon should be regarded as occupational.  The parties disputed the reliability of information about jub duties.  The ALJ felt claimant's surgeon and expert, Dr. Schlalfy, had not fully addressed the risk associated with diabetes.  

Atty:  Medcalf, Reynolds

Experts:  Schlafly,  Brown

ALJ:   Young  

Court rescues non-qualifying PTD claim to use "load" to reach statutory theshold

 Ryan v State (Second Injury Fund)  

2024 MO App. Lexis 861

release Date:  Nov. 26, 2024

The Court reverses the Commission's denial of PTD benefits aganst the second injury turning on definitions of "compensable injury" and "direct result"  and finds enhanced disablity or load to a prior shoulder disability settlement  is also a direct result of the injury to meet minimum 50 week thresholds for fund liability and adds a load to a piror amount of 46.4 weeks to exceed the threshold.  

There is no dispute that claimant was PTD due to primary and pre-existing. The Court found the commission erred just to consider the settlement against the employer for a prior shoulder (below threshold) and not to include the load factor in the settlement with the fund.  

The Court addressed the issue of "direct result" but notes the issue was briefed but neither party preserved error when the Commission exceeded its powers to address it when the issue had not been preserved on appeal.  

ALJ Zerrer originally issued an award n the  2011 claim.   He awarded 20% of a shoulder and found a 15% load.  In the 2015 claim he had PPD to the shoulder and the neck.  Claimant argues the 15% load should be added to the primary settlement with the employer.  

A dissent felt claimant was disqualified using strict construction when his expert considering non-qualifying disabilities and did not provide an alternate conclusion by excluding them.   

Atty: Wood, Fournier

ALJ  Tilley