No. 07-065590 (Mo. Lab. & Indust. Rel. Comm’n. July 3, 2018 )
Full Opinion: [Wilcox Truck Lines, Inc. v. Ronald Reynolds]
Code(s): C021 Future Medical Care; C035 Past Medical Expenses

 Factual Background:

Claimant was in a semi-truck accident on July 17, 2007. After the accident, the claimant suffered from post-traumatic stress disorder and depressive conditions. Claimant’s wife provided both spousal and nursing care support to Claimant.

ALJ Decision:

The ALJ awarded the claimant PTD for post-traumatic stress disorder and depressive condition related to the work accident of July 17, 2007. 

Analysis/Holding:

The LIRC modified the ALJ’s decision of past medical expenses and found the employer liable to claimant for $208,896.00 in past nursing care expenses. The LIRC first determined strict construction of Section 287.800.1 was mandated in determining whether claimant’s spouse constituted normal “services” or “duties” owed to the claimant by virtue of spousal roles. Further, the LIRC awarded claimant’s spousal nursing care benefits for a mental injury as “home care” or “companion care.” 

The Takeaway:

Employer/Insurer may be liable for future spousal nursing care benefits stemming from a purely mental injury.