Court Upholds Denial of Benefits After Late Expert Disclosure
- Ohio’s Sixth District Court of Appeals Oct. 27 upheld the denial of workers’ compensation benefits to a press operator for U.S. Tsubaki Power Transmission, because he disclosed his expert more than four months after the court’s deadline. The late disclosure left him with no evidence to counter the employer’s argument that drug impairment caused his injury.
- Todd M. Stephens hurt his right hip in August 2022 when a vise moved as he tightened it and he fell. A urine test after the accident was positive for cocaine and marijuana. The employer’s medical expert concluded he was impaired by both drugs and that the impairment caused the injury by affecting his attention and ability to respond when the vise came loose.
- Stephens’ expert found insufficient information to conclude he was impaired at the time of the accident, but the report was disclosed about 36 days before trial. The trial court excluded it and granted summary judgment to the employer. The appeals court found no motion in the record seeking permission for the late disclosure and rejected his argument that a clerical error caused the delay.
- The court also rejected his challenges to the basis for the drug test, finding the employer relied on direct evidence of impairment and causation rather than a statutory presumption from a qualifying positive test.
Shoulder Disability Award Reduction Based on Treating Physician’s Rating Upheld
- A Missouri appeals court upheld a decision that cut a permanent partial disability award for a Kawasaki Motors worker from 25% to 7% based on the rating by the employer’s treating physician, reducing the award from $33,749 to $9,449.
- The worker Bradley Barnett, a materials-handling team lead, tore his right rotator cuff in June 2023 while raising an overhead dock door.
- The company’s physician performed surgery, and Barnett returned to full duty without restrictions in February 2024. The doctor found excellent strength and range of motion and attributed remaining stiffness to Barnett avoiding his exercises out of fear of reinjury.
- An administrative law judge found Barnett credible and awarded 25% in PPD benefits. The Labor and Industrial Relations Commission reduced the award to 7%, finding no credible, persuasive evidence supporting more. The court said Missouri law requires a physician only to confirm a permanent, work-related disability exists, not to set the percentage.