MO Comp Update – Commission denies compensability of CTS claim based on diabetes

The Missouri Industrial Commission denied a Carpal Tunnel Syndrome claim (CTS) on the basis that the claimant was a diabetic and there was limited evidence linking the CTS with the claimant’s work duties.

The award from the Commission, in the case of Ricky Volner v. Meramec Group, can be read here.

Since this decision is based on the Commission’s assessment of the credibility of the witnesses, this decision will not be reversed by the Court of Appeals.

PRACTICE POINT

In years past this claim would have been deemed compensable by the Commission. However, with new Commissions appointed by Gov. Parson, the Commission is once again correctly applying the law in Missouri that the workplace exposure must be “the prevailing factor” in causing the injury or condition before that injury or condition is compensable under the Missouri Workers Compensation Act.

In situations where there is limited exposure to repetitive activities at work, the Commission will now look to whether there are pre-existing conditions that are causing CTS rather than simply awarding benefits regardless of the circumstances.

If you have any specific situations where this precedent might be relevant, please let me know.