Workers Comp Permanent and Total Disability Claims in Missouri

We are Springfield Missouri workers compensation attorneys and often handle claims of permanent and total disability from a work injury.  In March, 2013, the Missouri Court of Appeals for the Southern District decided in Grauberger v. Atlas Van Lines, SD No. 32139/32154 that a claimant with a back injury who suffers from significant on-going pain, who had limited education and intellectual ability, and would not likely benefit from retraining, is permanently and totally disabled from the on the job injury.  Age and potential for retraining are factors the Court recognized and could reasonably impact whether the injured worker was employable in the open labor market.  The employer’s opinions were found to have ignored the claimant’s constant and on-going pain when finding that he could work light or medium work.  As Springfield Mo work comp lawyers who represent injured employees, we are glad to see this recent case affirming long held Missouri law.  The full opinion can be found at http://www.courts.mo.gov/page.jsp?id=12086&dist=Opinions%20Southern