MO: No Medical History? No Problem.

Medical records did not have to document a work injury to obtain disability benefits, according to the Missouri Court of Appeals in the case Daly v Powell Distributing , WD 71575, 71576 (Mo. App. 9-28-10). The court of appeals remanded claimant’s two cases to re-address whether claimant was...

MO: Court Remands Permanent Total Claim for Arthritis

The Missouri court of appeals remanded an alleged permanent total claim against the Second Injury Fund based on a claim that two different types of arthritis synergistically combined. The Commission denied benefits and found that claimant’s work-related osteoarthritis did not combine with pre-existing...

MO: Smoker Awarded PTD for Lung Disease

The Commission awarded life-time benefits to a mechanic because of COPD and pleural fibrosis, caused by smoking cigarettes and working as a mechanic exposed to pipe insulation, smoke, dust and fumes for 32 years. Medical experts agreed that work and "many years" as a smoker both contributed...

MO: Commission Reverses Sanctions For Tenuous Defense

The failure to introduce any medical evidence may not be much of a defense, but the limited defense is not so egregious as to warrant sanctions under 287.560 , according to two recent Commission decisions, reversing awards of sanctions from two different administrative law judges against the Second Injury...

MO: Court of Appeals Expands Survivor Benefits

More surviving spouses can now recover benefits for life under a recent Missouri court of appeals case. In Gervich v Condaire , ED 94726 (Mo. App. 2011), decided 3-8-11, the court of appeals found a surviving spouse could recover life-time benefits even if a PTD claimant died after the legislature in...

Total Disability Before Job Injury Precludes Fund Recovery

A claimant’s lack of candor about a prior medical condition while obtaining a new job may help to prove a prior disability. In Cook v Buckley Powder Company , DOLIR 3-17-11, the Commission found that no employer would have hired claimant in his job to handle and lift explosives if he had been candid...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Commission Thwarts Statutory Reform For 'Objective' Findings

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? In the case of Reichardt v Industrial Sheet Metal...

Missouri: Arthritic Findings Defeat Causation on Shoulder Case

A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident" at work in 2010 when his right shoulder...

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only after an award. Eason v Treasurer of Mo., 2012...

Missouri: Knee Injury Produces Dire “Natural” Consequences

After claimant returned to work to unrestricted duty following a knee surgery he reported multiple additional accidents from falling and each new claim added different body parts. The employer argued the second injury fund was liable for a PTD claim due to a combination of multiple injuries. The court...

Missouri: Claimant's Pain Complaints Support PTD Award

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against the second injury fund based on this conclusion...

Missouri: Supreme Court to Decide if Second Injury Fund Must Pay for Minor Prior Medical Conditions

An employee injured in Missouri may be able to claim additional benefits from the Second Injury Fund (SIF) if the employee had a pre-existing disability that reaches a statutory minimum level of disability. The Commission claims in several recent cases that it is a "common misperception" that...