No. 10-066236 (Mo. Lab. & Indust. Rel. Comm’n
Dec. 2, 2015)
Full Opinion: [Hahs v. Mo. Highway Transportation
Code(s): C026 PTD; C019 Employment
Factual
Background:
Claimant began working for Employer as a
highway maintenance worker. On 8/17/10, Claimant was injured when the tractor
he was driving flipped upside down. As a result, he sustained injuries to his
left shoulder, lumbosacral spine, and cervical spine. Of note, prior to
8/17/10, Claimant had high blood pressure, sleep apnea and was considered
morbidly obese, weighing 375 pounds.
ALJ Decision:
The ALJ found that Claimant was entitled
to future medical care. The ALJ also found that Claimant had sustained 30% PPD
of the left shoulder, 15% PPD of the body as a whole at the cervical spine, and
20% PPD of the body as a whole at the lumbar spine. Ultimately, the ALJ denied the claim for PTD
benefits against the SIF because there was no evidence that Claimant had a
pre-existing condition which was a hindrance or obstacle to employment that
combined with the primary injury to result in greater overall disability.
Employee appealed.
Analysis/Holding:
Commission
modified the award of the ALJ as to the SIF, finding that Claimant was PTD as a
result of Claimant’s morbid obesity which created a hindrance or obstacle to
Claimant’s employment and combined with the primary injury to result in a
greater overall disability. The Commission held that morbid obesity will make
it very difficult for Claimant to complete for work because prospective
employers will hold Claimant’s weight against him, even if he possesses the
relevant skills and physical abilities to perform a job.
The Takeaway:
Morbid obesity
can be considered a pre-existing condition which can create a hindrance or
obstacle to employment and can shift PTD liability to the SIF.