MO: Slip at Work Becomes Slippery Slope for Employer

MO: Slip at Work Becomes Slippery Slope for Employer

A 59-year old Dangerous Building Inspector was found unable to work as a result of a 2002 accident when his right foot became stuck in a hole, based on an 88-page opinion affirmed by the Commission.  Pace v. St. Joseph, DOLIR 8-4-11.

The claimant developed a cascade of problems following a knee surgery for a torn meniscus: DVT, RSD, and reactive depression.  His wife testified he is no longer a happy man and cannot play golf or scuba dive.   As a result of instability, he describes several subsequent falls at work until he was fired in 2005.  He states his leg continues to "kill" him and his world moves "in slow motion."  The administrative law judge found claimant required "massive" amount of narcotics. Claimant states he subsequently fell and injured his shoulder and developed carpal tunnel from using crutches.  The employer relied upon an expert who agreed claimant was unemployable, but attempted to apportion the condition in part to pre-existing conditions.  Some of the doctors disputed the diagnosis of complex regional pain syndrome based on a normal bone scan.

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

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