No. 08-117368 (Mo. Lab. & Indust. Rel. Comm’n
Aug. 15, 2017)
Full Opinion: [Hull v. Doctor Pepper]
Code(s): C003 SIF Liability; C026 PTD
Factual
Background:
Claimant
had a long history of prior issues including physical injuries and multiple
surgeries, as well as multiple concussions from playing hockey, and other
psychiatric issues. In November 2008 he
suffered an injury when he was hit in the back of the head with a soccer ball
by a co-worker. He treated with multiple
doctors and he was soon fired from his job because he failed the CDL examination
three times, and then tried working for UPS but quit after two days because he
could not do the work as needed. He eventually was able to get a part time job
through a friend at Kellogg’s. His
friend allowed him to take naps while on the job in his car or in the
store. He worked 5 hours a day, 3-4 days
a week. In 2009 he was awarded Social security disability benefits, which he
continues to receive. The medical records showed that Claimant was in pretty
bad shape from his multiple injuries and psychiatric problems.
ALJ Decision:
The
ALJ found Claimant credible, and that he had met his burden to show he is PTD
as a result of his primary injury and pre-existing disabilities. SIF was liable for PTD benefits.
Analysis/Holding:
SIF
appealed, saying Claimant was not permanently and totally disabled because he
is able to maintain some limited work. Because Claimant’s work was not gained
through competition in the open labor market but rather through the claimant’s
friend, the Commission did not believe it was persuasive to show he was
employable. They concluded “we do not
find the evidence of employee’s ongoing, minimal employment to rebut the
credible evidence that employee is not capable of competing for work in the
open labor market.”
The Takeaway:
Just because a claimant had or has SOME job, it does not necessarily mean that they are not permanently and totally disabled. We must still look at overall whether the claimant could obtain gainful employment on the competitive open market.