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Workers Compensation: Subsequent Injuries – Expert Opinion

Where the Labor and Industrial Relations Commission rejected the opinions of two experts for an employee who was injured in 2001 because they failed to take into account the employee’s injuries and hospitalizations from 2005, the LIRC’s rejection of one of the opinion was not supported by substantial and competent evidence because the doctor did state in the opinion that the employee was hospitalized “around October 2005” for lymphodema and was treated with antibiotics.

Judgment is affirmed in part, reversed in part and remanded.

Abt v. Mississippi Lime Company, et al. (MLW No. 64449/ED98282 – 20 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from the Labor and Industrial Relations Commision (Robert J. Lenze, St. Louis, for appellant) (Matthew M. Mocherman, Cape Girardeau, for respondent Mississippi Lime; Gregg N. Johnson, Cape Girardeau, for respondent Second Injury Fund).

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