Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 8 August 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The June 13, 2024 edition of the LexisNexis Workers’ Compensation...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. The first...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well understood that the California Insurance Guarantee Association...
The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo., WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by the Commission. (Lexis.com subscribers can access the Lexis enhanced version of the Carkeek v. Treasurer of Mo. - Custodian of the Second Injury Fund, 2011 Mo. App. LEXIS 1325 (Mo. Ct. App. Oct. 11, 2011) decision with summary, headnotes, and Shepard's).
Claimant's medical expert, Dr. Koprivica, stated he deferred to a vocational expert to determine whether claimant was unemployable. He did not consider the situation "overwhelming" to reach that conclusion on his own even though he had "concerns" regarding claimant's capacity to work. Claimant's vocational expert, Cordray, provided conflicting opinions that claimant was unemployable and that sedentary work restrictions did not preclude work as a cashier and the 57 year old claimant could be "cash registered trained."
The claimant argued the Commission could not disregard evidence finding claimant PTD as the Fund offered no contrary expert opinion. The court distinguished Angus v Second Injury Fund, 328 S.W.3d 294 (Mo. App. 2010) and found the rule did not apply to internally inconsistent evidence, and suggested Angus may have a narrow application to evidence of medical causation and may not apply to an opinion of a vocational expert.
Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug's Mo. Workers' Comp Alerts.
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