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.
