The findings of fact and stipulations of the parties were accurately recounted in the award of the ALJ and, to the extent they are not inconsistent with the findings listed below, they are incorporated and adopted by the Commission herein. ${ }^{2}$
Employee credibly testified that prior to the December 18, 2008, injury he experienced numerous difficulties due to his preexisting disabilities. Employee had problems with his right shoulder and neck, so employee would use the left arm and shoulder to perform the cranking activities necessary to set up his trailer. Further, because employee had trouble lifting with his right side, he used his left side for lifting. Finally, employee had such difficulty pushing, pulling, and kneeling on his right side that he had to lie down to perform some work activities.
Dr. Volarich was the only medical expert to offer an opinion regarding the nature and extent of employee's disabilities. Based upon a physical examination, a review of employee's medical records, and his discussions with employee, Dr. Volarich imposed various physical restrictions on employee's activities as a result of his left knee condition. In addition, Dr. Volarich reiterated
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[^0]: ${ }^{1}$ Statutory references are to the Revised Statutes of Missouri 2008 unless otherwise indicated.
${ }^{2}$ For the benefit of the reader, we point out that the last sentence of the ALJ's analysis under the heading Liability of the SIF incorrectly refers to a 2007 Second Injury Fund claim. The reference should have been to a 2002 Second Injury Fund claim. Because we do not adopt that portion of the ALJ's award, there is no need to correct the error.
the physical restrictions he recommended after evaluating employee with regard to previous injuries. Dr. Volarich opined that "[employee] is unable to engage in any substantial gainful activity nor can he be expected to perform in an ongoing working capacity in the future...." Dr. Volarich concluded that employee "is permanently and totally disabled as a direct result of the work related injury of 12/18/08, in combination with all of his preexisting medical conditions."
Although employee performed work beyond the restrictions imposed by Dr. Volarich during the four years leading up to the primary injury, as we found above, he performed them with great difficulty. We find that Dr. Volarich's restrictions were reasonable and we find credible his opinion that employee is unable to engage in substantial gainful activity.
Mr. England, the only vocational expert to render an opinion regarding employee's ability to compete in the open labor market, opined that "[i]t appears obvious that [employee] would not be able to go back to do any of his past jobs because of the tremendous difficulty he has just getting up out of a chair and trying to walk...." After considering the physical restrictions imposed by Dr. Volarich and employee's advanced age, Mr. England concluded that "[employee] is likely to remain permanently and totally disabled from a vocational standpoint." Contrary to the administrative law judge, we find Dr. Volarich's opinions credible (including his restrictions). Naturally, then, we find no error in Mr. England's reliance on Dr. Volarich's restrictions. We find credible the opinions of Mr. England.
Employee settled his claim against employer/insurer. The settlement was based upon approximate permanent partial disabilities of 30 % of the left knee, 5 % of the body as a whole referable to the neck, and 5 % of the body as a whole referable to the lumbar spine. We find that these approximations are supported by the opinions of Dr. Volarich.
The Second Injury Fund did not offer any witnesses, expert evidence, or medical records to rebut employee's evidence.
We find that as a result of the work injury, employee sustained permanent partial disabilities of 30 % of the left knee, 5 % of the body as a whole referable to the neck, and 5 % of the body as a whole referable to the lumbar spine. We find employee reached maximum medical improvement on August 27, 2009, the date Dr. McAllister released employee from his care.