Moriarty v. City of Kirksville

975 S.W.2d 215, 1998 Mo. App. LEXIS 1571, 1998 WL 526401
CourtMissouri Court of Appeals
DecidedAugust 25, 1998
DocketNo. WD 55342
StatusPublished
Cited by5 cases

This text of 975 S.W.2d 215 (Moriarty v. City of Kirksville) 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
Moriarty v. City of Kirksville, 975 S.W.2d 215, 1998 Mo. App. LEXIS 1571, 1998 WL 526401 (Mo. Ct. App. 1998).

Opinion

EDWIN H. SMITH, Judge.

Steven Moriarity appeals from a final award of the Labor and Industrial Relations Commission (the Commission) denying him workers’ compensation benefits. He asserts two points on appeal. He claims that the Commission erred in determining that he was not entitled to benefits because, in doing so: (1) it erroneously declared and applied the law in that it applied the incorrect standard for determining whether an “accident,” as defined in § 287.020.21, had occurred, entitling the appellant to compensation under Chapter 287, “The Workers’ Compensation Law”; and, (2) it relied on a finding, which was contrary to the evidence, that “no medical expert found [his] injury was related to [his] employment” in that a medical report prepared by Dr. Ray Cunningham, which was offered into evidence, reflected that his injury was, in fact, work-related.

We affirm.

Facts

The evidence in the light most favorable to the judgment of the Commission is as follows. Smith v. Climate Eng’g, 939 S.W.2d 429, 431 (Mo.App.1996). On February 23, 1994, the appellant worked an eleven-hour day for the City of Kirksville at the city airport, which included removing snow from the premises. As part of his work that day, he carried a 30-pound battery charger to a motor grader, drove a 25- to 30-year-old motor grader with poor power steering, shoveled snow for two hours, and spread salt from 50- to 60-pound bags onto the sidewalks. In closing the airport at the end of the day, the appellant was required to shut two gates which were both approximately eight to ten feet wide and approximately eight feet tall. Although the gates normally swung shut, on the day in question the appellant was required to pull them through a snow bank using a back and forward motion which took approximately five minutes per gate. By the end of the day, he began to feel sore from working all day. When he awoke the next morning, he was experiencing pain which he described as, “from my neck down to my hand through my shoulder and arm was in a muscle spasm and my right hand was like pins and needles.” Although he was scheduled to work that day, he called his supervisor, Walter Sayre, and told him he would not be coming in because he had hurt his shoulder.

Over the next several weeks, the appellant saw numerous physicians for neck, back and shoulder pain. During this time, he exhausted his sick leave and vacation time. On March 16, 1994, the appellant requested a leave of absence from work. On March 21, 1994, he was terminated by the City of Kirksville. As a result, he then filed a claim for workers’ compensation benefits on April 19, 1994, which the respondent contested in its answer filed on May 5, 1994. Over the next year, the appellant continued to see various physicians in an effort to obtain additional diagnoses and/or treatment for his pain.

On April 9, 1997, a hearing on the appellant’s claim for workers’ compensation benefits was held before Administrative Law Judge R. Michael Mason in Kirksville. In support of his claim for benefits, the appellant testified to the following: In 1984, he suffered a back injury while working for the railroad, for which he was off work for approximately six months with neck pain. As a result of this injury, his treating physician at the time suggested exploratory neck surgery. In addition, between 1984 and 1994, he saw a chiropractor for stiffness and soreness in his back. In 1993, while working for the respon[218]*218dent, he suffered an injury which he described as “pull[ing] a rib out” while pushing an airplane. On February 14, 1994, nine days prior to the alleged injury of February 23, he saw Dr. Donald Maples for cervical and thoracic discomfort from which he claimed to have been suffering for about ten days. After the alleged injury of February 23, he saw several doctors. He decided to file his claim for workers’ compensation benefits after seeing Dr. Jaroslava Odvarko on March 17, 1994, who informed him that his injury “should be under Workers’ Compensation.”

On cross-examination by counsel for the respondent, the appellant admitted that prior to the alleged injury of February 23, he had suffered from neck pain for at least the last two to three years. He also admitted that his back pain was not work-related and that his claim for benefits was derived solely from the alleged neck injury. He admitted that he could not point to an actual event which caused his neck injury.

In addition to his testimony, the appellant offered numerous exhibits, consisting primarily of medical records, in support of his claim for benefits. They reflect the following: The appellant received manipulative therapy for neck complaints on February 17, 1994, just six days prior to the alleged injury of February 23,1994. On April 6,1994, Dr. Clarkson examined the appellant for the respondent and stated in a letter to the respondent that “[i]t is my opinion that there is a possibility that the injury is work related.” Although several physicians opined that the appellant did not need neck surgery, others were of the opinion that he did. As a result, the appellant decided to have Dr. Ray Cunningham perform neck surgery on him on May 23,1995.

In support of its position, the respondent offered the testimony of Mr. Sayre, the appellant’s immediate supervisor at the time of his alleged injury. Mr. Sayre testified that the respondent has a policy of requiring all employees to report to their immediate supervisor immediately if they are injured while on the job, but that the appellant never informed him in February, 1994, that he had injured himself at work. In addition to the testimony of Mr. Sayre, the respondent offered various medical records into evidence. These records reflect the following: The appellant went to Dr. Maples’ office on February 14, 1994, nine days prior to his alleged injury, complaining of cervical and thoracic discomfort. Due to this discomfort, Dr. Maples recommended that the appellant take off eight weeks of work. In addition, the appellant described his back and neck pain as a “re-occurring problem.”

On May 16, 1997, the ALJ handed down his decision denying the appellant benefits, holding that his injury was not compensa-ble because his employment was not a substantial factor in the cause of his medical conditions, stenosis and spondylosis, and, therefore, he did not suffer a compensable “accident” as defined in § 287.020.2. In reaching this conclusion, the ALJ found that “the doctors’ statements that the injury was medically caused by the work on February 23, 1994, are in error.” Specifically, he found that Dr. Cunningham “never found the injuries actually treated ... to be substantially caused by [the appellant’s] work.” In addition, the ALJ found that the appellant’s contention that Dr. Cunningham found that his injury was caused by his work on February 23, 1994, to be further discredited by the fact that Dr. Cunningham was given an incorrect medical history than what the appellant testified to at trial.

On June 3, 1997, the appellant filed an application for review of the award of the administrative law judge with the Commission. On December 15, 1997, the Commission entered its “Final Award Denying Compensation,” wherein it affirmed the award and decision and adopted the findings and rulings of the administrative law judge and found that his award was “supported by competent and substantial evidence and [ ] made in accordance with the Missouri Workers’ Compensation Act.”

This appeal follows.

Standard of Review

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Bluebook (online)
975 S.W.2d 215, 1998 Mo. App. LEXIS 1571, 1998 WL 526401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moriarty-v-city-of-kirksville-moctapp-1998.