Dawson v. Associated Electric

885 S.W.2d 712, 1994 Mo. App. LEXIS 1256, 1994 WL 395660
CourtMissouri Court of Appeals
DecidedAugust 2, 1994
DocketNo. WD 48974
StatusPublished
Cited by6 cases

This text of 885 S.W.2d 712 (Dawson v. Associated Electric) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dawson v. Associated Electric, 885 S.W.2d 712, 1994 Mo. App. LEXIS 1256, 1994 WL 395660 (Mo. Ct. App. 1994).

Opinion

FENNER, Presiding Judge.

Catherine Dawson sought workers’ compensation benefits as a result of having contracted scleroderma1 during her employment at Associated Electric Cooperative, Inc. (Associated Electric). Following a hearing, the administrative law judge (ALJ) denied her claim finding that she failed to prove an exposure to hazardous materials causing her scleroderma. The ALJ also found that Dawson failed to prove the medical-causal connection between her employment at Associated Electric and her scleroderma. The Labor and Industrial Relations Commission (Commission) reversed the ALJ and awarded Dawson compensation. It found that Dawson suffered from an occupational disease arising out of and in the course of her employment. Associated Electric appeals the Commission’s award. We affirm.

The record viewed in the light most favorable to the Commission’s award shows that Catherine Dawson was employed by Associated Electric in its mining facility located in Clifton Hill, Missouri from June of 1983 to January of 1990. Dawson worked as a laborer for her first two years. As a laborer, Dawson’s main duty was to clean up coal. She shoveled coal off the floor onto the conveyor belt. When she worked in the “slot,” she was required to use a high pressure hose to push the coal to one end of the “slot” where the drain was located. This required Dawson to stand behind the hose with her back to the exhaust fan while cleaning the coal and moving it toward the drain. This caused the dust to rise from the coal. The exhaust fan then blew the dust across Dawson’s face.

In 1985, when Dawson became a repair’ person, she continued to work in the same area of the plant. As a repair person, Dawson was still required to do clean up work. This included hosing down areas before repairing the equipment. A repair person’s job was essentially to “refurbish” the plant.

The area of the plant where Dawson worked was extremely dirty. At the end of the shift, Dawson would be covered with black coal dust from head to toe and even her underwear would be black with coal dust. Dawson also testified that soot would come out of her nose when she blew it.

Dawson’s illness became apparent in September of 1989 and has progressively worsened. On January 2,1990, Dawson was hospitalized in serious condition for approximately fifty days. She has been unable to do her job since that time. Dawson’s symptoms consist of swollen and painful hands, problems with her joints, lung and breathing problems, swollen feet and continuous nose bleeds. Dawson has needed an oxygen supplement since February of 1990. She uses the oxygen supplement daily, and can only be without the oxygen supplement for periods of about one hour.

[714]*714As a result of her condition, Dawson was examined by Dr. Alan Bridges, a rheumatologist, who became Dawson’s treating physician. Dr. Bridges specializes in the treatment of scleroderma, particularly when it is related to unusual circumstances such as exposure to toxic agents. He has also treated two coal miners with scleroderma.

Dr. Bridges diagnosed Dawson as having scleroderma with severe involvement of the lungs. An open lung biopsy showed that Dawson also has bronchiolitis obliterans2 organizing pneumonia (BOOP) and silica particles in her lungs.

At the hearing, Dr. Bridges testified by deposition that there is a strong relationship between silica exposure and scleroderma. Dr. Bridges noted that Dawson had been exposed to silica (from coal dust) in her work environment over a period of years and that her exposure was so bad that she could actually see coal dust in the air. Dr. Bridges testified that because of her line of work, Dawson had a higher exposure to silica than a person who did not have the same employment as she. Dr. Bridges also testified that studies have shown that people that have heavy silica exposure are 10-200 times more likely to have scleroderma than the normal population.

At the hearing, Associated Electric introduced the deposition testimony of Dr. Gerald Kerby who conceded that Dawson had silica present in her lungs and that the presence of silica was related to Dawson’s exposure at Associated Electric. However, Dr. Kerby further opined that Dawson’s scleroderma was not caused by her employment at Associated Electric.

Associated Electric also introduced the deposition testimony of Dr. Mary Jo Wakeman, an occupational medicine physician. She testified that her research into the association between silica exposure and scleroderma indicated no causative or significantly consistent associative relationship.

The Commission found Dr. Bridges’ testimony to be more credible and concluded that Dawson “suffers from an occupational disease arising out of and in the course of her employment which renders her permanently and totally disabled.”

In its appeal, Associated Electric raises one point with two subpoints. Associated Electric claims that the Commission erred in awarding Dawson compensation because 1) “scleroderma is not an occupational disease in that there is no recognizable link between the disease scleroderma and some distinctive feature of her job with Associated Electric inasmuch as the etiology of the disease is unknown;” and 2) “scleroderma is not an occupational disease in that there was not sufficient evidence of a direct causal connection between the conditions under which the work is performed and scleroderma as there was no medical testimony that her condition was caused by her employment.”

The standard of review is as follows: The Commission is charged not only with reviewing the record but, when appropriate, determining the credibility of witnesses and the weight to be given their testimony, resolving any conflicts in the evidence, and reaching its own conclusions independently of the ALJ’s findings. Jones v. Jefferson City School Dist., 801 S.W.2d 486, 489 (Mo.App.1990). After the Commission has determined an award in a workers’ compensation case, this court will review the Commission’s award and not the findings of the ALJ. Id. The Commission’s final award may be set aside only if there is no substantial evidence to support it or if it is clearly contrary to the overwhelming weight of the evidence. Id. at 488.

This court must view the evidence and legitimate inferences therefrom in the light most favorable to the -. Commission’s award. Id. at 488. We will not substitute our judgment on issues of fact for that of the Commission even if we would have made a different initial conclusion. Lawson v. Emerson Elec. Co., 833 S.W.2d 467, 471 (Mo.App.1992). The Commission is the sole judge of [715]*715witness credibility and the weight and value of the evidence. Id. at 470-71.

In the case at bar, the issue is whether there is sufficient competent evidence in the record to support the Commission’s finding that Dawson suffered a compensable occupational disease under section 287.067.1, RSMo 1986.3 We find that there was sufficient competent evidence in the record.

Section 287.067.1, RSMo 1986, defines an “occupational disease” as:

[A] disease arising out of and in the course of the employment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Vickers v. Missouri Department of Public Safety
283 S.W.3d 287 (Missouri Court of Appeals, 2009)
Henley v. Fair Grove R-10 School District
253 S.W.3d 115 (Missouri Court of Appeals, 2008)
Hampton v. Big Boy Steel Erection
121 S.W.3d 220 (Supreme Court of Missouri, 2003)
Kelley v. Banta & Stude Const. Co., Inc.
1 S.W.3d 43 (Missouri Court of Appeals, 1999)
Cochran v. Industrial Fuels & Resources, Inc.
995 S.W.2d 489 (Missouri Court of Appeals, 1999)
Weston Transportation, Inc. v. Sharp
926 S.W.2d 219 (Missouri Court of Appeals, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
885 S.W.2d 712, 1994 Mo. App. LEXIS 1256, 1994 WL 395660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawson-v-associated-electric-moctapp-1994.