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Case Law & Commission Updates

Case Law & Commission Updates. Maria W. Daugherty mdaugherty@evans-dixon.com 314-552-4124. Relevant Facts •Claimant sustained an injury while work as a construction dump truck driver, and was treated for spondylolysis and injury to the lumbar spine.

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Case Law & Commission Updates

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  1. Case Law & CommissionUpdates Maria W. Daugherty mdaugherty@evans-dixon.com 314-552-4124

  2. Relevant Facts •Claimant sustained an injury while work as a construction dump truck driver, and was treated for spondylolysis and injury to the lumbar spine. •He also had degenerative conditions in his spine. Follow-up showed more signs of congenital and degenerative conditions. •After continued complaints, Dr. Cantrell felt that the medications he continued to use were due to degenerative processes. ALJ Holding •Awarded PTD benefits, found ER responsible for future medical treatment. Danny L. Harris v. Ralls CountyNo. 09-018179 (Mo. Lab. & Indust. Rel. Comm’n. Jan. 15, 2019)

  3. Commission Holding •OVERTURNED ALJ decision, awarded 5% PPD. •No doctor identified a specific condition from the imaging studies which could directly be traced to the work incident. • Cited § 287.190.6 RSMo. that objective medical findings are to prevail over subjective medical findings. Takeaway •In determining compensability and disability, where inconsistent or conflicting medical opinions exist, objective medical findings shall prevail over subjective medical findings. Danny L. Harris v. Ralls CountyNo. 09-018179 (Mo. Lab. & Indust. Rel. Comm’n. Jan. 15, 2019)

  4. ALJ Decisions Since Appointment of Robert Cornejo

  5. Doctor Opinions Since Appointment of Robert Cornejo

  6. Vocational Rehabilitation Counselor Opinions Since Appointment of Robert

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