Commission affirms temporary award for neck fusion

 Edward Burns v Assoc., Elect Coop.

Release Date:  Oct 27, 2020 (D/A  11/29/2017)

Venue:  New Madrid County

Plot Summary:  The Commission affirmed a temporary award. Claimant slipped off a cart and jerked his left arm and neck. Claimant reported temporary relief after two injections but was told by the employer designated doctor he had no other plan of treatment for his symptoms  Claimant denied prior symptoms and he was told by Dr. Robson that he needed a fusion.  Electrodiagnostic studies were inconclusive for nerve entrapment. Claimant denied prior chiropractic care for the neck.  The Division excluded some supplemental exhibits under hearsay objection.  

17-09189210

Cast:

Tilley, ALJ

Taylor, Atty

Horton, Atty

Robson, Dr. 

Bernardi

Doll

Commission finds "new" injury to back to reverse denial of Fund award

 Brenda Dubose v Prairie Farms

Release Date:  10-20-2020  (March 9, 2017 accident date)

Venue:  St. Louis

Plot Summary:  Claimant alleges back injuries from pulling a stack of milk crates and seeks benefits against the second injury fund. She asserts she retired early due to work environment changes after new management provided fewer accommodations related to her chronic back pain.  Her expert assessed disability for prior back, knee, and wrists.  The ALJ found no evidence of a "new" trauma to the back, and denied fund liability. The Commission in a 2-1 decision reversed the denial and awarded 57.15 weeks of benefits against the Fund.  

Cast

ALJ Schaefer

Merlin, atty

Cunningham, atty 

Berkin

Dolan

Petkovich

Hughes 

Court finds last accident alone supported a total from back surgery despite profound pre-existing disabilities

 Roy Franklin v Mitchell Mill Systems

Release Date:  Oct 22, 2020  (April 2014)

Venue:  Joplin

Plot Summary:  Commission reverses a PTD award against the Fund and finds the employer liable for PTD after a back surgery "redo" based on the nature of restrictions after the  last surgery and found it unnecessary to consider whether .2 or .3 applied to assess Fund liability.  

14-2567810  

Cast:

Fischer, ALJ

Koprivica

Shakhan

Eldred

Comments:  The doctors did not dispute claimant developed injury by occupational disease to his back from repetitive activities associated with his job as a welder which was treated with a "re-do" of a prior microdiscectomy.  Claimant reports the surgery failed to alleviate his symptoms and he never returned to work.  The ALJ noted claimant was PTD due to a "combo" based on a "profound" degree of pre-existing disability including, among other things, surgery to the same disc level, shoulders, wrists, and knee. 

No party disputed on appeal that claimant was PTD.  

Court affirms denial of mental stress claim

 Steven Shipley v State of MO

Release Date:  Oct 27, 2020 

Venue:  Southern District

Plot Summary:  Maintenance supervisor at a state prison alleges  mental injuries ("nervous breakdown" ) from job duties but he fails to show his work was extraordinary or unusual or that a subsequent heart attack was related.

Inj. No.  SD 36643, 2020 MO APP LEXIS 1344 

Cast

Scott, J.

Moroni

Schmidtt

Comments:  The court noted claimant worked from 2001-2010 until he resigned.  He had a history of conflicts with peers, supervisors and vendors.   The court noted 14 witnesses.  The Commission affirmed the denial 2-1 without any opinion on the merits.  The court noted a failure in proof of extraordinary stress compared to same or similar employees under Mantia standard. There was no need for evidence to support a denial when the claimant failed to meet his burden of proof.  

ALJ awards limited PPD on finding that claimant's testimony is not credible

 Bobby Knight v Fedex Ground

Release Date:  Oct 21, 2020  (May 2015)

Venue:  St. Louis

Plot Summary:  The 2-1 Commission affirms limited PPD awards of 4% each for two separate back "strain" cases.  A dissenting commissioner, incredulously, would have awarded 35% for strains based on the rating of claimant's expert.

https://labor.mo.gov/sites/labor/files/decisions_wc/KnightBobby1503703110-21-20.pdf

Cast

Keaveny, ALJ

Cordes

Brown

Woiteshek

Mirkin

Cantrell

No statutory authority to allow a credit for a "no show" fee

 Jonathan Mirfashihi v Honeywell Federal Mfg.

Release Date:  Oct 7, 2020

Venue:  Jackson

Plot Summary:   Commission affirms 10% hand for a surgically treated trigger finger and rejected a causation defense of OA.  The court  rejected "credit" for missed doctor's appointment and no show fee of $1800  based on the lack of statutory authority. Claimant was out of the country and "at fault" to miss the appointment. 

17-04638310

Cast

Fowler, ALJ

Mirfashini, atty

Walsh, atty

Neighbor

Walker

Commission awards medical bills to rule out heart attack

 Thomas Runyan v Woodbridge Corporation

Release Date:  Nov. 6, 2020 (Accident date Feb 5, 2015)

Venue:  St. Charles 

Plot Summary:  A 65-year old retired employee with a prior heart attack  reports acute chest pain in an admitted accident when he felt a pop in his chest at work.  Claimant underwent a cardiac work-up and he was diagnosed with costochondritis.  The Commission in a 2-1 decision affirms an award of  12.5% BAW PPD  plus medical bills of $8788  to "rule out" a heart condition.  A dissent felt the PPD was excessive for an essentially untreated condition and the "cardiac" bills did not flow from any compensable medical condition.   

15-03686811

Cast

Landolt, ALJ

Beatty

Lemp

Volarich

Wayne