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eBook details

• Title: Terri M. Sanfillippo v. Kurt Oehler
• Author : Court of Appeals of Missouri
• Release Date : January 23, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Lester E. Cox Medical Centers ("Cox") appeals from a final award of workers compensation benefits to Carol Hawthorne ("Hawthorne"). The Labor and Industrial Relations Commission ("Commission") found Hawthorne had a permanent partial disability of 12.5% of the body as a whole based on an injury to her back and awarded her $18,736.88. On appeal, Cox claims the Commission erred by: (1) determining that Cox waived any objection based upon section 490.065 to the testimony of Hawthornes expert, Dr. Andrew Myers ("Dr. Myers"), by failing to raise this objection during Dr. Myers depositions or at the division hearing; (2) refusing to strike Dr. Myers deposition testimony or remand the case for further evidentiary proceedings because his testimony failed to meet the standards for admissibility required by section 490.065; (3) concluding that Hawthorne sustained a compensable disability because she failed to offer credible medical testimony that her work was a substantial factor in causing any such disability; and (4) concluding that Hawthorne sustained a permanent partial disability of 12.5% to the body as a whole because this finding was not supported by competent and substantial evidence on the whole record. Because all of these arguments lack merit, we affirm.

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