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Vernis Farmer v. Treasurer of the State of Missouri as Custodian of the Second Injury Fund

SD35637  (Mo. App. S.D. 2018)
Full Opinion: [
Vernis Farmer v. Treasurer of the State of Missouri as Custodian of the Second Injury Fund]

Code(s): C017 – Credibility of Witnesses; C003 – SIF Liability; C026 – PTD 

 Factual Background:

Claimant alleged two injuries against ER; cervical spine on 12/03/07 and psychological problems on 12/26/07. He argued PTD against SIF in combination with several pre-existing conditions.  Dr. Volarich found claimant PTD but admitted he had not reviewed some additional records regarding a subsequent accident. Claimant’s expert psychologist testified claimant was inconsistent, his story was confusing, and diagnosed a personality disorder. In 1998 Claimant filed for SSDI and was subsequently found to have received $15,000 in benefits while at the same time working for ER. In 2009 he was caught underreporting his earnings. He was criminally indicted for his conduct and found guilty. During the Hearing, the SIF offered into evidence a copy of the decision for his conviction of social security fraud and a copy of the judgement of conviction and sentence. Claimant argued on appeal to the Commission and the Court of Appeals their admission was improper because it caused outcome-determinative prejudice.

Commission Decision:

The Commission adopted the ALJ finding that there was ample evidence to show claimant’s lack of credibility and the employee’s responses to questioning related to prior felonies was equivocal enough to warrant admission of SIF’s exhibits. Also, claimant failed to show work was the prevailing factor in his injuries for both.

Analysis/Holding:

The court emphasized the standard of review and made three major findings: (1) claimant failed to appreciate that his credibility was crucial in solving his claim, (2) he failed to demonstrate how he was prejudiced by the admission of the exhibits, and (3) the court must be deferential to the Commission’s findings of credibility and expert testimony. The claimant was not prejudiced by the exhibits because he admitted to the crimes documented, which further supports the conclusion he was not a credible witness. In addition, it was reasonable for the Commission to find claimant’s expert unpersuasive because the expert testimony was based upon information provided by claimant, who, based on all the evidence was an unreliable historian.  

The Takeaway:

The Commission is free to “believe or disbelieve” evidence of credibility and appellate courts will defer to the Commission’s credibility determinations. 

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