A court of appeal in Missouri ruled on Tuesday that two members of the state's three-member labor commission failed to present medical evidence to deny a disabled and obese worker permanent disability, and ruled that his existing condition could have caused his disability. .
Robert March manufactured metal electrical boxes for Milbank Manufacturing Co. when after 19 years he began to have problems with the upper extremities, complained of bilateral hand problems and shot pains in the arms, shoulders and neck, according to documents in March v. Treasurer of the State of Missouri-custodian of the Second Injury Fund filed with the Court of Appeal in Missouri, Western District, in Kansas City, Missouri.
Following treatment, covered by Milbank's workers' compensation policy, and an award for permanent partial disability, three medical providers and several professional experts agreed that there was "no dispute" that Mr March, who was classified as "morbidly obese" "who suffers from several other conditions and complications including lower extremity injuries, is" permanently and totally disabled. "
The question is whether his disability falls under the state's second injury fund, which may apply to disabled workers whose injuries are work-related but not covered by comp. As the Court of Appeal explained, "the most important of the employee's pre-existing medical conditions … is his bilateral condition in the lower extremities, where he initially began to show symptoms of radiating pain down both legs and into his swollen ankles in 2005 secondary to morbid obesity and venous varicose veins. in association with obesity. ”
Given the work responsibilities performed for her employer over the years, Mrs“ bilateral conditions in the lower extremities continued to deteriorate before the employee's primary injury, even though the employee worked continuously for the employer until the injuries in the upper extremity. 201
When he denied permanent disability under the Second Injury Fund and determined that his injury was related to pre-existing conditions and unrelated to work, the Labor and Industrial Liaison Commission considered that although medical testimony found that the lower limb injury was related to his work tea as “It was just as likely that the employee's existing injuries (without the supplement primary injury) resulted in the employee's permanent and total disability.
The Court of Appeal, in repentance and remand of the case, ruled this conclusion on causation which "is not supported by expert doctors from experts and is instead simply to determine two out of three members of the Commission; consequently, it is nothing more than conjecture and speculation and cannot legally constitute substantial evidence to support the Commission's decision.