Cantrell v. Baldwin Transportation, Inc.
Missouri Court of Appeals · 2009-10-21 · cited 2×
The case involved Kim Cantrell's appeal of the Labor and Industrial Relations Commission's denial of permanent partial disability benefits for her husband Carl Cantrell's work-related shoulder and wrist injuries sustained while employed by Baldwin Transportation, Inc. The court affirmed the denial of benefits. The Commission determined that no permanent partial disability had accrued before the employee's death from unrelated cancer because he had not reached maximum medical improvement, as his treating physician had recommended surgery and treatment was ongoing. The court held that the Commission, as fact-finder, could disbelieve the claimant's medical experts, and under the workers' compensation statute, accrued benefits require that the right to compensation exist as a matter of fact prior to death.