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[Download] "Gary F. Eubanks v. Poindexter Mechanical" by Southern District, Division Two Court of Appeals of Missouri # eBook PDF Kindle ePub Free

Gary F. Eubanks v. Poindexter Mechanical

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eBook details

  • Title: Gary F. Eubanks v. Poindexter Mechanical
  • Author : Southern District, Division Two Court of Appeals of Missouri
  • Release Date : January 03, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Gary Eubanks was a plumber employed by Poindexter Mechanical Plumbing & Heating. The Labor and Industrial Relations Commission entered a temporary award finding that he suffered a work-related injury resulting in a herniated lumbosacral disc. The employer appeals, contending that ""there is no substantial evidence to support the finding that the employee's injuries were work related . . . ."" Appeals from the Commission normally lie only from final awards, but appellate courts have allowed limited review of temporary awards when the appellant contends that the claimant is not entitled to any award at all. Hillenburg v. Lester E. Cox Medical Center, 879 S.W.2d 652, 656 (Mo.App. S.D. 1994); Woodburn v. May Distributing Co., Inc., 815 S.W.2d 477, 481 (Mo.App. S.D. 1991). We state the facts that the Commission could have found in support of its award. On Monday, January 18, 1993, Eubanks was carrying a tub and shower unit into a house under construction. Debris was in the yard and snow was on the ground. He recalled slipping on a board in front of the garage. He felt a small strain in his back, but reported no injury. He woke up ""sore"" and ""tender"" on Tuesday morning, but went to work. He required his wife's assistance in putting his trousers on on Wednesday but was able to work, although it was difficult for him to stand straight up. He had similar problems on Thursday. During the weekend he lay on a heating pad and watched TV. On Monday, January 25 he ""froze up"" and was taken to the emergency room. He told a doctor in the emergency room that he did not know how he had hurt his back, and said that he had been doing heavy lifting. A CT scan on January 29 indicated a herniated disc, which was relieved by surgery.


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