Appeals Court Goes with Employee’s Expert on Causation of Work-related Pneumonia

The Western District Missouri Court of Appeals issued a decision on May 20, 2014 inPremium Standard Farms v. Navis accepting the decision of the Missouri Industrial Relations Commission that chose to believe employee Navis’ medical expert over employer’s negative expert. Employee Navis’ expert found that she had caught Legionnaire’s Disease that gave her pneumonia that scarred her lungs from washing out hog pens on a big hog farm. Employer’s expert said Navis did not catch Legionnaires Disease from her exposure to it at work but caught pneumonia from bacteria off of work. That is the kind of opinion insurance companies expect from the doctor experts they pick to examine you.

The Court of Appeals ruled that it had to respect and go along with the Industrial Commission’s decision to believe the employee’s expert over the employer/insurance company’s expert. It should be pointed out that had the Commission believed the employer and insurance company’s expert over the employee’s expert, the Commission would have gone along with and accepted the opinions of their expert over the employee’s expert hired by the employee’s attorneys. That is why it is so important to try and win over the trial judge and the Industrial Commission to rule in your favor before the case is taken up further on appeal to the court of appeals.

You are always better off being a squeaky wheel and demanding your rights than just sitting by passively. Another reason to hire an attorney to file and fight your claim is to satisfy the time deadline in Missouri law that requires you give your employer prompt notice of your work accident and injury from it. Sticking up for your workmen’s compensation rights always makes it possible for you to overcome the opinions of the company’s experts who decide against you in the insurance company’s favor.

Whether your work injury is an occupational disease (such as carpal tunnel syndrome or exposure to bacteria at work that gives you pneumonia, as in the above case) or is from an accident you suffered at work, you will need a good attorney to prove how the disease or accident caused your injuries and how serious and permanently disabling disease or injury   from an accidental on the job was to the injured parts of body.

Your employer’s workers’ compensation insurance company will always choose doctors who will do to their best to deny your disease or injury was caused by exposure at work or from a work accident and try to argue that it was a lot less serious or disabling than it really was. Your attorney can help you gather all the medical evidence together and get it to an expert for your side to write a report to fight back against the insurance company’s experts who would deny you workmen’s compensation completely or attempt to downplay the seriousness of your injuries suffered on the job and lower the amount of money you will receive in the end as compensation for your permanent disability resulting from your work-related  injuries.

Even a seemingly obvious on-the-job injury such as a lower back, neck, hand, forearm, elbow, upper arm, shoulder, hip, thigh, knee, shin, ankle or foot injury suffered at work will frequently be denied or downplayed or covered up and ignored by employers and the doctors specially picked by them to favor them, deny causation or seriousness, and in general serve insurance company interests. If you leave everything up to the company-selected doctors, then you can be sure they will disadvantage you in the company’s interest. We can help you fight back with our own doctors to fight the opinions of the company-selected doctors.

Please call us for advice and assistance on any work-related injury suffered on the job in St. Louis County, St. Charles County, Lincoln County, Warren County, Jefferson County, Franklin County, or any counties in eastern Missouri within 100 miles of the greater St. Louis area. All consultations are absolutely free.

You are always better off being a squeaky wheel and demanding your rights than just sitting by passively and accepting whatever the company doctors hand you. Another reason to hire an attorney to file and fight your claim is to satisfy the time deadline in Missouri law that requires you give your employer prompt notice of your work accident and injury from it. Sticking up for your workmen’s compensation rights always makes it easier both to protect yourself from employer job discrimination while enforcing your rights to full workmans compensation benefits.

Please call us for advice and assistance on any work-related injury suffered on the job in St. Louis County, St. Charles County, Lincoln County, Warren County, Jefferson County, Franklin County, or any counties in eastern Missouri within 100 miles of the greater St. Louis area. All consultations are absolutely free. (See Contact Us)

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