Commission affirms denial that surgery flowed from injury

 Robert Byers v New Prime Inc.

Inj. No. 10-103528 

Release Date;  Feb. 20, 2025.

Employer disputed surgery 10 years post accident flowed from the accident  and sought to recover  benefits of 19 weeks of overpaid TTD benefits after claimant reached MMI.  The Commisson affirms an award of 20% BAW  without separate opinion. 

Claimant alleged 35% PPD from a neck fusion and PPD from psychiatric injury and concluded claimant was PTD. Dr. Lennard rates 15% disability and noted inconsistent behavior on video.  Dr. Halfaker felt claimant ha a somatic disorder and no psychiatric injury from the accident.  The ALJ found claimant lacked credibility.

Claimant was on his third atorney at the time of hearing.

 

Commission finds new accident aggravated prior shoulder condition.

 Marc Moore v TForce Freight Inc.

Inj. No.  23-026970

Release Date:  2-4-2025

Venue:  St. Charles (Kohner, ALJ)

The Commission affirmed in a 2-1 award a temporary award with nearly $125,000 in back benefits for unpaid medical and TTD  related to a shoulder injury in an auto collision with some limited damage to the vehicles.    

Dr. Duerr performed shoulder surgery and related to need for surgery to the accident due to acute inflamation on more chronic findings.    Dr. Farley concluded the mechanism of the accident would not cause findings resulting in the need for surgery.  The ALJ noted the history of no prior symtoms supported Dr. Duerr's causation opinion, and described Dr. Farley's analysis on the mechanism of the collision but noted he could not give an opinion with a reasonable degree of biomechanical certainty.   

Claimant stated at the time of the April 2024 hearing he had one remaining appointment within two weeks but did not anticpate further care.  No future medical was awarded.   The issue of PPD was left open for later determination.  

Vietnam vet awarded PTD with 'flare up' of PTSD

 Peter Lococo v  Lou Fusz (settled)

Inj. No.  08-116135 

venue:  St. Louis (Keaveny)

Release Date:  Feb. 4, 2025

The Commission affirms an award of PTD against the second injury fund, based on a combination of back and neck strain injuries from falling on black ice, de minimus PTSD  "aggravation" and prior psych conditions, primarily PTSD.

The employer settled the claim for 1% psych based on Dr. Stillings' rating.   His expert asserted 50% BAW disability that the accident triggered Vietnam-era PTSD and mental anguish from his youth as a helicopter door gunner  and developed into unexplained and unimaginable limitations.  The ALJ found no support for the expert's diagnosis of traumatic brain injury as that was a neurologic diagnosis and no neurologic exam was performed.    

The SIF award was based on ratings for prior psych conditions ranged 47.5 to 50%, despite claimant's history that he worked 60 hours a week but still had issues.  

The employer settled the soft tissue claims for the neck and back for a total of 35% BAW.