Elliott v. Kansas City, Missouri, School District

71 S.W.3d 652, 2002 Mo. App. LEXIS 447, 2002 WL 376956
CourtMissouri Court of Appeals
DecidedMarch 12, 2002
DocketNo. WD 59940
StatusPublished
Cited by11 cases

This text of 71 S.W.3d 652 (Elliott v. Kansas City, Missouri, School District) 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
Elliott v. Kansas City, Missouri, School District, 71 S.W.3d 652, 2002 Mo. App. LEXIS 447, 2002 WL 376956 (Mo. Ct. App. 2002).

Opinion

VICTOR C. HOWARD, Judge.

The Kansas City, Missouri, School District (“District”) appeals from the Labor and Industrial Relations Commission’s (“Commission”) final award affirming the Division of Workers’ Compensation’s (“Division”) award of 75 percent permanent partial disability to the body as a whole to Kathie Elliott as a result of an injury sustained by Elliott on September 17, 1998. The District raises three points on appeal. The District’s first point on appeal is that the Commission erred in holding that the September 17, 1998 incident caused a permanent partial disability of 75 percent to the body as a whole, in that in rendering its decision the Commission determined that it had “no choice” but to find that the accident caused a permanent partial disability of 75 percent to the body as a whole and that “[t]o find otherwise would require us to substitute our judgment for that of a medical expert.” The District’s second point on appeal is that the Commission erred in affirming the decision of the Division because factual findings concerning the extent and percent of disability are to be determined by the Commission, in that the Division’s decision was improperly based on the law governing the determination of medical causation. The District’s third point on appeal is that the Commission erred in awarding permanent partial disability of 75 percent to the body as a whole, in that the Commission failed to consider extensive evidence unfavorable to the award.

We reverse and remand.

Facts

On September 17, 1998, an eighth grade student at Central Middle School in the District ran by Kathie Elliott’s classroom, where Elliott was alone during a planning period, and threw an M-80 into the room. The M-80 exploded in front of Elliott, [654]*654about fifteen feet away from her. Elliott was employed as a school teacher for the District at the time.

On the day of the incident, Elliott drove to an occupational facility for an evaluation authorized by the District. Elliott began psychotherapy with Dr. David Miller on December 17, 1998, and continued one to two times per week until April 24, 1999. Dr. Miller initially diagnosed Elliott with post-traumatic stress disorder, indicating she was completely unable to work. Over the next five months, Dr. Miller performed an MMPI-2, worked with Elliott on exercises to reduce her panic attacks, and discussed ways of helping her with her startle response. Elliott testified that Dr. Miller’s treatment helped her.

Dr. Miller’s records indicated that Elliott improved in all areas to the point where she was released to return to the classroom on April 5, 1999. On her April 24, 1999 visit to Dr. Miller, Elliott expressed satisfaction with her new school location, indicated an absence of her former hyper-vigilance for the two weeks pri- or to the April 24th visit, and acknowledged an absence of nightmares. Elliott was able to maintain attention and concentration to teach effectively. Dr. Miller assessed Elliott as able to teach and function effectively. Elliott was discharged from Dr. Miller’s care with no further appointments anticipated.

Elliott began teaching at Pinkerton Elementary School on April 5, 1999, and worked until the end of that school year in June. Elliott returned to Pinkerton Elementary School after summer break in late August 1999, and completed the full 1999— 2000 school year. Elliott felt she was an effective teacher. Her absenteeism totaled not more than ten days.

On June 25, 1999, Elliott underwent a psychiatric evaluation to obtain a rating on her own behalf for use in the present litigation as directed by her attorney, Frank Eppright. Dr. David Windsor performed the evaluation for Elliott’s evidential use at trial. Dr. Windsor found Elliott competent to attend to her basic personal needs, such as cooking, cleaning, shopping and driving. Additionally, Dr. Windsor found Elliott’s speech patterns spontaneous, coherent, relevant, and to the point. He also found Elliott to be bright and articulate. Her mental activity was brisk but a little inefficient. According to Dr. Windsor, he could detect no evidence of any thinking disturbance. Elliott was oriented in all three spheres. Her memory functions for immediate recall, recent memory, intermediate memory, and remote memory were “too” good. Elliott’s intellectual resources were considered above average. Dr. Windsor diagnosed Elliott with post-traumatic stress disorder, “which is beginning to become chronic.” He also noted that Elliott “would be also considered to have a Major Depressive Disorder and apparently Agoraphobia with Panic Attacks,” which did not seem to be getting any better. Dr. Windsor then concluded his assessment by rating Elliott’s psychiatric disability at 75 percent, noting that Elliott “is not functioning at anywhere near the level she was before, and I think she is barely functioning at the present time.”

Elliott’s claim was tried before the Division of Workers’ Compensation on June 6, 2000. The sole issue before the Division was the nature and extent of Elliott’s alleged mental injury as a result of the September 17,1998 incident.

Joyce White, principal of Pinkerton Elementary School, testified that Elliott called her before the September 17, 1998 incident, requesting a transfer from Central Middle School to Pinkerton Elementary School because Elliott preferred the elementary school setting and Elliott was [655]*655aware that Ms. White ran a “tight ship.” Ms. White recalled that Elliott requested a transfer before the start of the 1998 school year.

On January 4, 1999, Elliott was hospitalized for diabetes at Menorah Medical Center. During that admission, on January 5, 1999, Dr. Stephen Segraves, a psychiatrist, saw Elliott. His notes indicated that Elliott had a history of treatment for multiple stresses over the years associated with depressive symptoms. Her antidepressant medications, as prescribed by prior primary care treating physicians, included Paxil, Zoloft, Prozac and Elavil. Aside from her school environment, Elliott’s other stresses included her husband’s ex-wife and her parents disowning her.

Other stresses requiring Elliott to use antidepressants resulted from a son’s admission to a psychiatric institute, family relationship issues, pre-menopausal mood swings and menopause, divorce, a physical leg jerking problem, and anxiety about her elevated blood sugar, which, according to her medical records, first occurred as far back as 1994. Elliott indicated that a combination of family, job and marriage caused her depression, anxiety, and need for antidepressants. Elliott was diagnosed with a depressive disorder on August 18, 1998, before the M-80 incident.

At the hearing, Elliott’s physician was still prescribing her antidepressant and anti-anxiety medication.

Administrative Law Judge R. Carl Mueller, Jr., of the Division, entered his award on July 19, 2000, finding that Elliott suffers from a 75 percent permanent partial disability to the body as a whole, and that she is entitled to 300 weeks of compensation for her permanent partial disability, payable in weekly installments through January 4, 2005, including 61 weeks of accrued permanent partial disability compensation, i.e., $17,978.53, from April 6, 1999 through the June 6, 2000 hearing date. The District appealed the award to the Commission, which affirmed the award by a vote of 2-0 on March 27, 2001. This appeal follows.

Standard of Review

Section 287.495.11 provides that on appeal of the Commission’s award, this court

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71 S.W.3d 652, 2002 Mo. App. LEXIS 447, 2002 WL 376956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-v-kansas-city-missouri-school-district-moctapp-2002.