LexisNexis® Legal Newsroom
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: 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...