Appeals court remands injury claim for worker with preexisting conditions

A Missouri Appeals Court on Wednesday ordered to reverse and remand a workers compensation claim case involving a worker with permanent preexisting disabilities.

James Swafford, a hostler for Waller Truck Co., had multiple preexisting disabilities prior to an October 2017 work injury that he contended left him “permanently and totally disabled,” according to documents in James Swafford v. Treasurer of Missouri as custodian of second injury fund, filed in the Court of Appeals of Missouri, Western District.

Mr. Swafford’s primary responsibility as a hostler was transporting semitrailers from one location to another. Prior to his October 2017 primary injury, Mr. Swafford had multiple preexisting disabilities that included ankylosing spondylitis, a congenital condition that caused Mr. Swafford’s spine and rib bones to fuse together over time, and various cardiac conditions, including hypertrophic cardiomyopathy, mitral valve regurgitation, and atrial fibrillation, documents state.

In October 2017, Mr. Swafford slipped while getting out of a truck and was left hanging by his right arm and was diagnosed with a “moderately large rotator cuff tear” and a labrum tear, both confirmed by an MRI. The injury combined with his preexisting conditions left him permanent and totally disabled, according to documents. His workers compensation claim was denied and on appeal.

In court, Mr. Swafford contested the Labor and Industrial Relations Commission, which denied Mr. Swafford’s claim for workers compensation benefits against the Second Injury Fund, arbitrarily disregarded the expert testimony that he offered to establish a causal relationship between his preexisting medical conditions and his current disability.

Upon review, the Missouri Court of Appeals sided with Mr. Swafford and ordered to reverse the Commission’s decision and remand for further proceedings consistent with this opinion.