Legal Opinion · Dissent

Randolph County, Missouri v. Tammy Moore-Ransdell

Missouri Court of Appeals

Decided July 29, 2014No. WD76709Published

1Dissent

ALOK AHUJA, Judge.

The Labor and Industrial Relations Commission concluded that a workplace accident in which Tammy Moore-Ransdell squatted and twisted to reach into a low, over-filled filing cabinet drawer was the prevailing factor causing her permanent partial disability. Because I believe this conclusion is unsupported by sufficient competent evidence in the record considered as a whole, I respectfully dissent from affirmance of the Commission’s final award.

As the majority explains, when competing medical causation testimony is presented, it is the Commission’s prerogative to choose which…

2Cases cited18 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  3. Wood v. Wagner Electric CorporationSupreme Court of Missouri · 1946
  4. Hornbeck v. Spectra Painting, Inc.Supreme Court of Missouri · 2012
  5. State v. GranberryMissouri Court of Appeals · 1975

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