Maness v. City of De Soto

421 S.W.3d 532, 2014 WL 703342, 2014 Mo. App. LEXIS 169
CourtMissouri Court of Appeals
DecidedFebruary 25, 2014
DocketNo. ED 100074
StatusPublished
Cited by15 cases

This text of 421 S.W.3d 532 (Maness v. City of De Soto) 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
Maness v. City of De Soto, 421 S.W.3d 532, 2014 WL 703342, 2014 Mo. App. LEXIS 169 (Mo. Ct. App. 2014).

Opinion

ANGELA T. QUIGLESS, Judge.

I. INTRODUCTION

The City of De Soto (Employer) and the Missouri Intergovernmental Risk Management Association (Insurer)1 appeal from a final award of the Labor and Industrial Relations Commission (the Commission). In its award, the Commission ordered Employer and the Treasurer of Missouri as Custodian of the Second Injury Fund (the Fund)2 to pay workers’ compensation benefits to John F. Maness (Claimant). Employer argues the Commission erred in: (1) finding Claimant sustained an accident on June 11, 2007; (2) finding the accident was the prevailing factor causing Claimant’s neck condition and need for treatment; (3) awarding temporary total disability benefits for a three-month period [536]*536following Claimant’s neck surgery; (4) awarding permanent partial disability benefits based on its finding that Claimant sustained a 40% permanent partial disability as a result of the accident; (5) awarding future medical care; and (6) awarding past medical expenses. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

Claimant worked for Employer as a working supervisor, performing maintenance for Employer’s water, street, sewer, and parks departments. On June 14, 2007, Claimant gave his supervisor a written report stating that he believed he sustained an injury as a result of moving decorative concrete stones “on Tuesday, June 11th, 2007.”3 Employer initially sent Claimant to Dr. Frank Krewet for medical care but later declined to offer further treatment. Claimant obtained treatment on his own from Dr. Philip Poepsel and Dr. Kevin Rutz. Dr. Rutz performed surgery on Claimant’s neck in August 2007.

Claimant filed a claim for workers’ compensation benefits against Employer and the Fund, alleging that he sustained an accident while working for Employer on June 11, 2007. Claimant stated that the accident caused an injury and disability to his neck, back, arms, and body as a whole. After Claimant filed his claim, Drs. David Kennedy and David Volarich examined Claimant at the request of Claimant’s attorney. Dr. Donald deGrange evaluated Claimant at Employer’s request.

An Administrative Law Judge (ALJ) held a hearing on the claim and issued an award allowing compensation. Claimant, Employer, and the Fund each appealed the ALJ’s decision to the Commission.

The Commission issued a final award supplementing the ALJ’s findings and conclusions, modifying the award with regard to medical causation, past medical expenses, permanent total disability, and Fund liability, and affirming the decision in all other respects. The Commission found that Claimant suffered an accident in which he injured his neck while performing his job responsibilities moving stones on or about June 11 or 12, 2007. The Commission also found that the June 2007 accident was the prevailing factor causing Claimant’s medical conditions and disability. The Commission ordered Employer to pay Claimant temporary total disability benefits for a three-month period following his August 2007 neck surgery and permanent partial disability benefits for his 40% permanent partial disability as a result of the accident. The Commission ordered Employer to pay $101,769.64 for Claimant’s past medical expenses and to provide Claimant future medical care to cure and relieve him from the effects of the injury. Finally, the Commission ordered the Fund to pay Claimant permanent total disability benefits. Employer appeals. We will set forth additional facts relevant to our resolution of this appeal in our analysis of the claims of error.

III. STANDARD OF REVIEW

On appeal from a decision in a workers’ compensation proceeding, this court may modify, reverse, remand for rehearing, or set aside the award upon finding that: (1) the Commission acted without or in excess of its powers; (2) the award was procured by fraud; (3) the facts found by the Commission do not support the award; or (4) there was not sufficient competent evidence in the record to warrant the making of the award. Mo.Rev. Stat. § 287.495.1.4 We must consider the [537]*537whole record to determine whether it contains sufficient competent and substantial evidence to support the award, and we will set aside the Commission’s award only if it is contrary to the overwhelming weight of the evidence. Miller v. Mo. Highway & Transp. Comm’n, 287 S.W.3d 671, 672 (Mo. banc 2009).

We defer to the Commission on issues of fact, credibility of witnesses, and weight to be given conflicting evidence. Hager v. Syberg’s Westport, 304 S.W.3d 771, 773 (Mo.App.E.D.2010). When the evidence before the Commission could warrant either of two opposing findings, this court is bound by the Commission’s finding, and it is irrelevant that the record contains evidence supporting a contrary conclusion. Hornbeck v. Spectra Painting, Inc., 370 S.W.3d 624, 629 (Mo. banc 2012).

IV. DISCUSSION

A. Accident on June 11, 2007

In its first point on appeal, Employer argues the Commission’s finding that Claimant sustained an accident on June 11, 2007 was contrary to the overwhelming weight of the competent and substantial evidence because it was supported only by Claimant’s testimony. Employer contends Claimant’s testimony that he sustained an accident on June 11, 2007 was without credibility and probative value because it was refuted by his unsworn accounts to doctors about the incident and time records showing he did not work that day. We disagree.

An employer is “liable, irrespective of negligence, to furnish compensation under the provisions of [the Workers’ Compensation Law] for personal injury ... of the employee by accident arising out of and in the course of the employee’s employment....” Mo.Rev.Stat. § 287.120.1. For purposes of the Workers’ Compensation Law, the word “accident” means “an unexpected traumatic event or unusual strain identifiable by time and place of occurrence and producing at the time objective symptoms of an injury caused by a specific event during a single work shift.” Mo. Rev.Stat. § 287.020.2.

Based on Claimant’s testimony and his reports to doctors and Employer, the Commission determined that Claimant suffered an accident in which he injured his neck while performing his job responsibilities moving stones on or about Monday, June 11 or Tuesday, June 12, 2007. At the hearing, Claimant testified on direct examination that when he arrived at work “on or about” June 11, his superintendent instructed him to clean up a site containing job materials, including “six or eight pallets of stones, decorative stones” made of concrete and weighing sixty to sixty-five pounds each. Claimant stated that some of the stones had fallen off the pallets, so he had to pick them up, restack them, and move them. Claimant testified that during that process he felt a burning sensation in his neck but continued working the rest of the day because he thought he had pulled a muscle. Claimant stated that he did not report the burning sensation that day at work and that a day and a half later he felt tingling and pain in his left arm, hand, and fingers.

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421 S.W.3d 532, 2014 WL 703342, 2014 Mo. App. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maness-v-city-of-de-soto-moctapp-2014.