MO: 15 Year Battle for Psych Benefits Results in $366.70 Award

MO: 15 Year Battle for Psych Benefits Results in $366.70 Award

Claimant had major depression with psychotic episodes impairing his ability to work.  He failed to prove he was permanently and totally disabled from being struck while slowly backing up his car in a company parking lot while reporting to work in 1995. Claimant denied employment after 1997. Claimant's treating neurosurgeon for 3 years after the accident concluded the accident appeared to be trivial and claimant's psychotic episodes were likely genetic. The accuracy of claimant's testimony was considered an issue of "considerable doubt." Medical evidence failed to convince the administrative law judge that claimant’s “whiplash” injury exacerbated his pre-existing paranoia or caused psychotic episodes. Claimant previously had changed employment because of paranoid episodes and had other stressors unrelated to his job.  The Commission awarded $366.70, after subrogating a third-party settlement. Giese v TWA, DOLIR 12-7-10.

 

Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug’s Mo. Workers’ Comp Alerts