Workers’ Compensation: Change In Condition – Brain Injury – Evidence

Where an employer filed a motion for a determination of a change in condition for a worker previously found to be permanently and totally disabled as the result of a brain injury, alleging an improvement in cognitive condition, the post-2005 version of the statute did not apply because the worker was injured in 1996, and dismissal of the motion is affirmed because although the employer presented evidence of life changes, it did not present concrete evidence, such as an MRI, of physical change in the condition of the worker’s brain

Judgment is affirmed.

Pavia v. Smitty’s Supermarket (MLW No. 63304/Case No. SD31275 – 17 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from the Labor and Industrial Relations Commission (J. Bradley Young, St. Louis, for appellant) (Matthew J. Sauter, St. Louis, for respondent).

Read the full text of this opinion. (PDF)