(DOWNLOAD) "Christopher Stawizynski v. J.S. Alberici" by Eastern District, Division Two Court of Appeals of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Christopher Stawizynski v. J.S. Alberici
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 19, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Christopher Stawizynski (claimant) fell two stories while working for J.S. Alberici (employer). The employer was insured by Aetna Casualty & Surety (insurer). Claimant suffered both physical and psychological injuries in the accident. The Labor and Industrial Relations Commission (Commission) determined the psychological injuries totally and permanently disabled claimant. Employer appeals, arguing there is no substantial evidence to support the award. Because we find competent evidence to support the Commission's decision that claimant is totally and permanently disabled and because we cannot say this evidence is contrary to the overwhelming weight of the evidence, we affirm that part of the award finding claimant to be totally and permanently disabled. Following the accident, employer sent claimant to its doctor for a psychological evaluation. Employer's doctor found claimant not to be totally and permanently disabled. Claimant decided to see his own doctor who opined the psychological injuries totally disabled him. The Commission agreed with claimant's doctor and ordered employer to pay claimant's medical bills. Employer appeals, arguing Missouri law allows employer to select the treating doctor. Because there is no evidence to support a reasonable belief that the employer's doctor's method of treatment endangered claimant, we reverse that part of the Commission's award requiring employer to pay claimant's medical bills.