Court of Appeals Affirms Ruling Denying New Benefits and Reducing Payment for IME
Pesicka v. Snap-On Logistics Co ., No. 19-1759 (App. July 21, 2021) involved a claim in which claimant initially suffered an injury resulting in a 13% impairment to his right leg, settled by the parties on an agreement for settlement basis. Subsequent to the settlement agreement, claimant underwent eight additional surgeries, including surgeries to amputate all of the toes on his right foot. Claimant filed a review-reopening action. Claimant's IME physician found that claimant had established a 36% right foot impairment, which was equivalent to a 25% right lower extremity impairment. Claimant was also found to have a 5% impairment of the left knee. At hearing, the hearing report indicated that the parties stipulated that the impairment was an impairment to the right leg Claimant's counsel, however, also argued at hearing that claimant should receive a minimum of 100 weeks of benefits due to the valuations for the loss of all of his toes. T...