A worker wasn’t really disabled just because he had his leg amputated below the knee, according to an argument by the Second Injury Fund in a recent Missouri case. The Fund argued he didn’t have any prior disability because he was working and “just fine.” Voidanoff v United Samsco Co., 2014 Mo WCLR Lexis 2 (Jan 10, 2014) (lexis.com), 2014 Mo WCLR Lexis 2 (Jan 10, 2014) (Lexis Advance). The commission rejected the argument and found the 54 year old claimant entitled to permanent and total disability benefits against the Fund.
The case involved a 2005 accident in which the claimant twisted his leg when his shoe on his prosthetic leg became caught on a ladder. The employer settled the case after paying benefits for several years. Revision procedures did not permit the claimant to return to his former level of activities. The ALJ indicated that was no question that claimant was unemployable. The ALJ further rejected a defense that claimant didn’t have an accident. The Fund offered no medical evidence.
Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug’s Mo. Workers’ Comp Alerts.
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