Kallie Cox//January 6, 2025//
A teenager who had just received his license began driving a dump truck for a Missouri county when he was injured in a crash, leaving him paralyzed in a coma-like state until his death. His widow had to fight for seven years to obtain his worker’s compensation pay.
Dustin Elsworth was 18 years old when he started driving the truck for Wayne County, Missouri. This was just six months after he received his driver’s license, according to his wife’s attorney, Matt Uhrig of the Law Office of Uhrig & Brown. Weeks later, he was involved in an accident.
“The truck rolled several times, crushing the cab and leaving Dustin with a severe brain injury as a result of his injuries, Dustin was in a coma-like state and paralyzed for the rest of his life, unable to move his limbs or communicate,” Uhrig said. “He required around-the-clock care from his wife, Amiee.”
A workers’ compensation claim filed on his behalf went before an Administrative Law Judge who awarded him and Amiee as his sole dependent, permanent and total disability benefits, according to Uhrig.
Elsworth’s employer demanded these benefits be reduced and argued he was partly responsible for his injuries and failed to follow safety protocols. The ALJ said this was speculative and found no evidence to support the claims that his ADHD contributed to the crash and that he was wearing a seat belt, according to Uhrig.
“Dustin’s legal team argued that Wayne County had failed to properly train him on operating a dump truck, which required a commercial driver’s license,” Uhrig said. “While Dustin had a CDL permit, he was legally required to be accompanied by a licensed CDL driver at all times. However, his supervisor sent Dustin out to haul gravel alone on the day of the accident, admitting that he had allowed Dustin to drive by himself for about two weeks leading up to the crash.”
In 2017, Elsworth died due to causes not related to the accident. His worker’s compensation claim was still pending and Aimee, his widow, was left facing a legal question as to whether she’d be entitled to these benefits now that he died.
Based on a Missouri Supreme Court case, Schoemehl v. Treasurer of the State of Missouri, she could potentially receive Dustin’s permanent total disability benefits for the rest of her life, Uhrig argued.
“This was because Dustin’s injuries occurred and his workers’ compensation claim was filed within a specific timeframe (referred to as the ‘Schoemehl window’) during which Schoemehl applied,” according to Uhrig. “Further, relevant case law established that when an employee dies while their claim is pending, Schoemehl applies and the Commission must follow its guidelines.”
Aimee filed the amended claim with the commission arguing this point and it substituted her as a party to the case.
After the commission and the Missouri Court of Appeals, Southern District both upheld the award in Dustin and Aimee’s favor, Wayne County and its insurer refused to pay the benefits, according to Uhrig. A year later in 2018 Aimee filed a memorandum with the Wayne County Circuit Court to enforce the award.
Again, the court ruled in Aimee’s favor, granting her motion for summary judgement and ordered Wayne County and the Missouri Association of Counties to pay her all the unpaid benefits owed since Dustin’s death and ongoing weekly benefits of $236.69 for the rest of her life.
The county and association of counties appealed again and lost the case in a unanimous opinion from the Missouri Court of Appeals, Southern District.
Attorneys for the county did not respond to requests for comment.
“I think it was a unique case, but the law was very clear,” Uhrig said. “The Schoemehl window has closed. It’s not going to reopen. There probably aren’t any other cases in Missouri like this.”
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- Amount of verdict, judgment or settlement: $326,669.05
- Type of action: Worker’s compensation
- Allocation of Fault: Employer found liable for paying all benefits of deceased employee to his surviving wife.
- Breakdown: Unpaid benefits, plus 10% interest, up to Nov. 8, 2024: 142,043.96
Court Costs: $1,444.46 (Court filing fee $106.70, Service Fees. $32.70, Deposition Costs. $1,305.06), plus $505 in interest at 10% per annum starting on 7/27/2021.
Value of lifetime future benefits: $184,625.09. - Venue: Wayne County Circuit Court
- Case Number/Date: 10/8/2024 / SD37237
- Judge: Southern District Court of Appeals
- Injuries: Lifetime weekly PTD benefits
- Insurer: Missouri Association of Counties
- Caption: Amie Elsworth v. Wayne County, Missouri, Missouri Association of Counties
- Plaintiffs’ Attorneys: Matt Uhrig & Alex Brown, Law Office of Uhrig & Brown
- Defendant’s Attorneys: Alex Wulff of Wulff Law & Rick Montgomery of Montgomery Law
This article credit to MOLawyersMedia