Jackson v. H.D. Lee Co.

772 S.W.2d 742, 1989 Mo. App. LEXIS 543, 1989 WL 40097
CourtMissouri Court of Appeals
DecidedApril 26, 1989
DocketNo. 15742
StatusPublished
Cited by11 cases

This text of 772 S.W.2d 742 (Jackson v. H.D. Lee Co.) 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
Jackson v. H.D. Lee Co., 772 S.W.2d 742, 1989 Mo. App. LEXIS 543, 1989 WL 40097 (Mo. Ct. App. 1989).

Opinion

HOGAN, Judge.

This is a Workers' Compensation case. Although the claimant has presented several issues, the dispositive question tendered is whether there is substantial medical evidence that the claimant’s condition is not the product of job-related stress and anxiety. The answer is “yes,” and we must affirm the award of the Labor and Industrial Relations Commission denying compensation.

Lowell Jackson, the claimant, had some sort of seizure or attack resembling a stroke while he was working for the H.D. Lee Company as an industrial sewing machine mechanic. The Administrative Law Judge decided that the claim should be characterized as a claim under the Occupa-t/'onal Disease section of the Workers’ Compensation Act [§ 287.067.1, RSMo 1986]1 rather than a claim that the claimant had sustained a compensable “accident” as defined by § 287.020.2. The AU concluded that the claimant had not contracted any occupational disease, and also concluded that the opinions of two physicians demonstrated that the claimant’s condition was not in any event causally connected to his employment. The AU denied compensation. The claimant applied for review of the decision of the AU as provided by § 287.480 and 8 CSR 20-3.030. In its final award denying compensation, the Labor and Industrial Relations Commission [hereinafter the Commission] found that inasmuch as the AU’s award included the finding that the claimant’s present condition was not causally connected to his employment and such a finding, in which the Commission concurred, necessarily disposed of the claim, it was unnecessary to decide whether the AU had proceeded under the proper theory. We review the award of the Commission, and unless it is not supported by substantial evidence or is clearly contrary to the overwhelming weight of the evidence, we do not disturb it. Ham v. Sikeston Concrete Products, 735 S.W.2d 427, 428 (Mo.App.1987); Barr v. Vickers, Inc., 648 S.W.2d 577, 579 (Mo.App.1983); Malcom v. La-Z-Boy Midwest Chair Co., 618 S.W.2d 725, 726 (Mo.App.1981).

The following facts are relevant to the points tendered. Lowell Jackson was born April 11, 1936, and so was 49 years of age at the time of the AU’s first hearing on this matter on November 27, 1985. For most of his working life, the claimant had been a sewing machine mechanic. At one time he worked for Miller Manufacturing Company; beginning in February 1981 he was employed by the H.D. Lee Company. The claimant’s testimony concerning the complexity of his work was somewhat contradictory. At one point claimant testified that the machines he worked with “was just common machines, more or less; and like they have breakage or skipping or all [744]*744sorts of different things.” At the same time, claimant’s exhibit N demonstrates that the sewing machines the claimant maintained were complex industrial sewing machines, apparently manufactured by Pfaff in Germany. Lee acquired the Pfaff machines after the claimant started working as a mechanic, but he was not sent to a training school. The “day mechanic” assisted the claimant for several days, but thereafter the claimant was “started ... on a shift.”

The claimant testified and had documentary evidence which indicated that he worked extremely long hours. He found the conditions of his employment stressful. He “had problems” with the manager who worked the day shift. He believed he received a disproportionate share of the “blame” when the machines were “down.” The operators of the machines were piecework operators who became upset when their machines were not operative. Sometimes the employer did not furnish enough parts for the claimant to fix the machines; on other occasions, the claimant could not obtain access to the parts the company had on hand. The claimant described his feeling of anxiety about his employment thus:

“Well, when I come in [to work] in the evening ... when I shut that big door behind me, I just felt like I was locking myself in, and I knew that — I looked over at those machines, and I knew that someone was going to start on me, and they would. They would — they wouldn’t exactly just jump on me. I never had no one just jump on me, but they would pick, you know, and make sure that I understood that all the fault of any production thing was mine, you know, or made me feel that way.”

On April 21, 1982, the claimant reported for work. He felt “pretty good.” A machine needed repairs, and as the claimant put it, “... I seen that I was going to have to have some stuff to fix it with, or I was going to have to take off a bunch of stuff and try to raise it and heat it and straighten it up; and I just thought, oh darn....” The claimant went to the office of one of his superiors to talk about parts for the repair of the machine. The claimant told his supervisor, Prine, that he had “slight” diarrhea and was told to “take a tampax and stick it up [his] ass” and get back to work. The claimant was humiliated and angered.

Shortly thereafter, the claimant lost his memory. It is apparent and not disputed that on April 21, 1982, the claimant sustained some sort of seizure which caused him to lose his memory. The claimant was hospitalized and treated at a hospital in Lebanon. Dr. Gary M. Courier, claimant’s physician, testified that the claimant suffered a cerebrovascular accident (CVA), or as the condition is commonly described, a stroke. Dr. Courier testified that the claimant was totally and permanently disabled. Such is the general background of the appeal. Other facts, as germane, will be noted in the course of the opinion.

The claimant has briefed and argued four assignments of error in this court. Points I and II tender the same issue. As stated, Points I and II are:

“Point I
The award of the Labor and Industrial Relations Commission was not supported by the favor found by the Commission,, and there was insufficient competent evidence in the record to warrant the making of the award in favor of the employer, because the Commission found a lack of causal connection between the condition at claimant’s employment and claimant’s stroke without the Commission having first determined whether claimant’s disability resulted from an accident or an occupational disease, in that the definition of causation under Chapter 287, Mo. Rev.Stat., is dependent upon whether claimant suffered an accident or an occupational disease and the evidence established the requisite causal connection if the stroke is an accident instead of an occupational disease.
Point II
The award made by the Labor and Industrial Relations Commission was not supported by the facts found by the [745]

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Bluebook (online)
772 S.W.2d 742, 1989 Mo. App. LEXIS 543, 1989 WL 40097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-hd-lee-co-moctapp-1989.