No. 11-106035 (Mo. Lab. & Indust. Rel. Comm’n. July 10, 2018 )
Full Opinion: [Production Delivery Services, Inc. v. Joseph Fronek]
Code(s): C014 Notice
Factual
Background:
Claimant
was struck by another car while waiting to assist another colleague at the
loading dock. Claimant landed on his back with his head on the ground. The
claimant was taken to the hospital and the colleague called the supervisor with
the details of the accident. After the accident, the HR manger filed an
accident form. In addition, most of the accident was captured on camera.
ALJ Decision:
The
ALJ found that the accident was the prevailing factor in causing PTSD,
post-concussion syndrome, and physical injury to the upper extremities, low
back, and neck. The claimant was also awarded PPD benefits.
Analysis/Holding:
The
LIRC affirmed the ALJ’s award. The employer alleged the ALJ erred in
considering the video of the accident in determining whether the head injury
stemmed from the work accident. The LIRC determined the ALJ accurately
described the surveillance video. The LIRC also determined that the employer
had sufficient notice of the accident despite claimant’s failure to provide
written notice of his injury within thirty days as required by Section 287.420.
Lastly, the LIRC affirmed the ALJ’s award of $6,444.95 for past medical
expenses, based on medical bills admitted into evidence.
The Takeaway:
The LIRC will not limit a claimant’s
recovery for failure to strictly comply with Section 287.420 if the employer is
sufficiently placed on notice of the accident.
pasting