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.