Sapienza v. Deaconess Hospital

738 S.W.2d 149, 1987 Mo. App. LEXIS 4743
CourtMissouri Court of Appeals
DecidedOctober 13, 1987
DocketNo. 52193
StatusPublished
Cited by7 cases

This text of 738 S.W.2d 149 (Sapienza v. Deaconess Hospital) 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
Sapienza v. Deaconess Hospital, 738 S.W.2d 149, 1987 Mo. App. LEXIS 4743 (Mo. Ct. App. 1987).

Opinion

GRIMM, Judge.

This is a workers’ compensation case wherein the employer and insurer appeal. They raise two issues. First, that an award of 400 weeks for permanent partial disability is excessive as a matter of law because the employee returned to his former job and is working full time. We disagree, because the continued ability of an employee to work does not prevent an award of permanent partial disability so long as there is an injury that causes partial loss of bodily function which impairs [150]*150the efficiency of the employee in the ordinary pursuits of life. Komosa v. Monsanto Chemical Co., 317 S.W.2d 396, 400 (Mo.1958). Second, that the method initially utilized in determining the amount “was contrary to the law” because values were assigned for scheduled injuries, for unscheduled injuries, and a multiplicity factor, rather than treating all of the injuries together and basing the award on a percentage of the body as a whole. We disagree, because the Labor and Industrial Relations Commission has discretion as to the amount of the award and as to how it is calculated, and we can only review to see if there is sufficient competent evidence to support the award under § 287.490 (RSMo. 1986). Haggard v. Synder Construction Company, 479 S.W.2d 142, 145 (Mo.App.1972). We affirm.

A brief review of the facts reflects that on April 27, 1979, Sapienza, an electrician at Deaconess Hospital, and Bill Hudson were instructed by their supervisor to install a new electrical switch. After checking the old switch to be replaced, Sapienza objected to his supervisor about changing the switch while the electrical power was still on. However, the supervisor told Sa-pienza to either leave the job or stay there and finish. Hudson, with Sapienza three feet behind him holding a flashlight, attempted to install the switch. An electrical explosion occurred. A ball of fire came across Sapienza’s hands and shoulder, throwing him against a switch gear. His clothing and the flashlight caught fire.

On his way to the emergency room at Deaconess Hospital, Sapienza had to open a door. As he turned the doorknob, tissues from his hand came off on the doorknob. After his initial hospitalization at Deaconess, he was transferred to the burn unit at St. John’s Mercy Hospital. He had second and third degree burns on his forehead, ear lobes, nose, lips, and chin. His flesh on both hands was exposed to the bone. There were extensive burns on both arms and shoulders, as well as on his chest. Sapienza remained at St. John’s for approximately 30 days receiving treatment for his multiple injuries.

Sapienza was later readmitted to St. John’s for extensive skin grafts taken from the left thigh. He had three layers of flesh removed from the top of the thigh down to the knee on both sides of his left leg. As a result of this procedure, Sapienza has extensive scars on his left hip and thigh. Later, Sapienza also required psychiatric hospitalization.

At the time of the last hearing, December 28, 1984, Sapienza still required physical therapy two to three times a week, received psychiatric counseling every four to six weeks, and took a variety of medicines. He is able to work full time, but has some physical limitations.

At that hearing, Sapienza testified about his physical condition. Sapienza stated that he now has limited movement of his left arm and left hand in that he cannot raise his left arm up to his shoulder nor can he raise his hand up to a 45 degree angle. He also stated that he lost a substantial amount of muscle in his left arm and has burn scarring in the shoulder area which causes him constant pain; he has to wear Jobst gloves on his hands because the skin is very thin and he has open fissures which will bleed if he goes without the gloves for more than 30 minutes; he has limited movement of his right hand in that he cannot make a fist, lay his palms flat on a surface, nor reach into the palm of his hands with his fingers; he cannot fully open his mouth because of scar tissue; he wears a beard in order to cover up the scars and because shaving cuts the scars open; he had several skin transplants to his chest and, as a result, has constant pain across his chest; and because of the skin grafts, he has aching and pulling sensations in his left hip and thigh.

Also, at that hearing, Sapienza explained that he has had episodes of depression since the accident, especially when he comes into contact with his supervisor, whom he feels is responsible for his injuries; he was hospitalized once for high depression and suicidal tendencies; and he considers himself ugly, experiences rage towards himself and has lost, to a degree, [151]*151the ability to handle interpersonal relationships because of his decreased self-esteem.

Following hearings on December 2,1983, and December 28, 1984, the administrative law judge held: (1) the employer and insurer were responsible for future medical and psychiatric treatment; (2) for disfigurement under § 287.190.4 (RSMo. 1986), awarded Sapienza $2,000.00; (3) for scheduled losses under § 287.190.1 (RSMo. 1986), awarded him 127.8 weeks; and (4) for unscheduled losses under § 287.190.3 (RSMo. 1986), awarded him 281.96 weeks. Although the weeks awarded totaled 409.75, the judge reduced it to 400 weeks, apparently on the theory that 400 weeks is the maximum set by § 287.190.3 (RSMo. 1986). The award made by the administrative law judge was affirmed by the Labor and Industrial Relations Commission and the Circuit Court.

On appeal to this court, the employer and the insurer challenge the award on the specific ground that “there was not sufficient competent evidence in the record to warrant the making of the award.” Section 287.490.1(4) (RSMo. 1986). Only when the Commission’s award is not supported by substantial evidence or is clearly contrary to the overwhelming weight of the evidence do we disturb it. Page v. Green, 686 S.W.2d 528, 530 (Mo.App.1985). Generally, in passing on the sufficiency of the evidence, we view the record in the light most favorable to the findings, and disregard any evidence which might support a finding different than that of the Commission, even though a finding of the Commission to the contrary would also have been supported by the evidence. Petersen v. Central Pattern Co., 562 S.W.2d 153, 155-56 (Mo.App.1978).

Appellant’s first point is that the award of 400 weeks for permanent partial disability was excessive as a matter of law because the employee returned to work. We disagree, because permanent partial disability can be awarded notwithstanding the fact that the employee returned to work if the employee’s injury impaired his efficiency in the ordinary pursuits of life. Komosa v. Monsanto Chemical Co., 317 S.W.2d 396, 400 (Mo.1958). In Komosa, the employee suffered a back injury in the course of his employment, but continued to work without any lost wages. In approving an award for permanent partial disability, the court said:

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738 S.W.2d 149, 1987 Mo. App. LEXIS 4743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sapienza-v-deaconess-hospital-moctapp-1987.