In Bunker v Rural Electric Co-op, 46 S.W.3d 641 (Mo.App. W.D. 2001), claimant had multiple burns, with amputation of the left arm and right leg, but be fitted for prosthetic devices, was dependant upon a wheelchair, received an award for permanent total disability. He then attended college, got an Accounting Decree, began working, and PTD payments were suspended. The employer argued for a “change of condition” under Section. 287.470, but the Court indicated that was not the test. The test to get an order diminishing an award is that the employer much show that the original condition, upon which the award was predicated, no longer existed either because of a gradual and progressive improvement which had finally resulted in a substantially improved condition or because the original condition had suddenly cleared up. Section 287.470 only applies to situations where the original physical condition upon which the PTD award was based has materially improved or grown substantially worse. Here there was no change in the injured area, and despite the amount of his earnings, he was entitled to PTD. The employer argued that by the use of prosthetic appliances (a wheelchair) he had been restored to his regular work. The wheelchair, however, is not a “prosthetic appliance”.
In Schwartz v Shamrock Dairy Queen, 23 S.W.3d 768 (Mo.App. E.D. 6/8/00), the court held that permanent partial disability was limited to 400 weeks for scheduled and unscheduled losses resulting from a single accident.
In Collier v Sports Boats USA, Injury No.: 98-113229, (LIRC), 2/9/99, the claimant was found to be permanently and totally disabled due to multiple accidents resulting in back surgery. The claimant had several experts testify that the claimant was unemployable on the open labor market.