Hull v. Doctor Pepper

No. 08-117368 (Mo. Lab. & Indust. Rel. Comm’n Aug. 15, 2017)

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.