A forklift driver who suffered pain in her elbow before breaking her wrist while working in the backyard is eligible for permanent disability, a Missouri court of appeals ruled Tuesday. Containers Manufacturing Corp., a job that caused pain in her left elbow when she fell at home in her garden and broke her left wrist in 2014, as documented in Karen Ritchie v. Silgan Containers Manufacturing Corp. et al. filed with the Missouri Court of Appeals, Western District, Kansas City.
During and after treatment for wrist injuries, Ritchie began to suffer more pain in her left elbow, which doctors testified was exacerbated by her wrist injury and required treatment that included surgeries that failed to relieve pain. Three years in disputes, an administrative judge ruled in her favor in 201
The judge awarded Ritchie weekly total disability benefits, along with $ 25,456 in uncompensated medical benefits. The State Workers & # 39; Compensation Commission confirmed the award.
Silgan claimed that the appeal was delayed because it was not reported within 30 days of her wrist injury in 2014. It is also said that the Commission "erred in finding that Ritchie maintained an occupational disease due to repeated movement" and that "there was not enough competent evidence in the minutes to justify the Commission's finding that Ritchie maintained an occupational disease, "according to the decision.
The Board of Appeal confirmed the previous decisions, writing that the claim was not delayed and that medical testimony showed a link between disability and Ritchie's work.
The Court of Appeal ruled that Ritchie's award was awarded 10% interest per annum on her weekly benefits attributable to her permanent total disability, starting 30 days from the Administrative Judge's initial award on 16 October 2019.