Reiterating that it is for the Commission to accept or reject medical evidence and that the appellate courts should affirm the Commission’s decision to accept one of two conflicting medical opinions if that decision was supported by substantial and competent evidence, a Missouri appellate court affirmed a decision awarding benefits for bilateral carpal tunnel syndrome regarding a Call-A-Ride van operator who, for more than ten years, was responsible for picking up various wheelchair bound patients, moving them into the van, securing the wheelchairs with straps and bands so that they would not move during travel, and then repeating the process in reverse order when the patients were discharged from the van. The operator contended she developed CTS from the repeated effort at tightening and loosening the bolts to secure the straps around the chairs. The employer contended that the procedure was not significantly repetitive and that the operator’s CTS condition was actually explained by other factors from her ordinary life, as indicated by the employer’s medical experts. The appellate court said that was perhaps the case, but that it was for the Commission to make the decision and it had already done so.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Harris v. Bi-State Development Agency, 2014 Mo. App. LEXIS 295 (Mar. 18, 2014) [2014 Mo. App. LEXIS 295 (Mar. 18, 2014)]
See generally Larson’s Workers’ Compensation Law, § 130.05 [130.05]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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