• Court: Jefferson City Division of Workers' Compensation
• Attorney: Thomas J. Pettit

Thomas J. Pettit recently prevailed at a Jefferson City Division of Workers’ Compensation case involving a 38 year old employee alleging Permanent Total Disability resulting from two alleged work-related injuries in 2002.

The Employee was employed as a Utility Worker and a Machine Operator at a printing press company.  At the time of his alleged work-related injuries in 2002 he was 31 years old.  The first alleged work-related injury involved allegations of repetitive trauma from lifting in the course and scope of his employment up through March 2002.  He had been employed by the Employer since 1993.  The second alleged work-related injury occurred in August 2002 when the Employee was struck on the head by a 50 lb. metal door which fell from about 4 ft and struck the Employee on the head. 

Thereafter, the Employee underwent two cervical spine fusion procedures at adjacent levels.  Prior to the trial an offer of 40% of the body as a whole, or $54,419.20, was conveyed to the Employee.  No counter-demand was made.  

The Employee had numerous pre-existing conditions including: carpal tunnel surgery, tarsal tunnel surgery, knee surgery, lumbar back surgery and psychological conditions.  At trial the Employee alleged Permanent Total Disability against the Employer alone as a result of the physical injuries sustained in March and August 2002, combined with the psychological condition that allegedly resulted from those injuries and not as a result of the combination of the pre-existing conditions and the work-related injury.  Employee alleged over $81,000.00 in unpaid medical expenses.  Between the date of injury and the date of the award, approximately $250,000.00 in alleged back due TTD/PTD benefits had accrued based on the Employee’s TTD/PTD rate of $620.83.  The exposure for future PTD benefits over the remainder of the Employee’s life expectancy of about 40 years was approximately $1.3 million.        

The Administrative Law Judge found the opinions of the Employer’s experts to be more credible than those of the Employee and issued an Award denying all benefits.