Spencer v. Sac Osage Electric Co-op, Inc.

302 S.W.3d 792, 2010 Mo. App. LEXIS 132, 2010 WL 431348
CourtMissouri Court of Appeals
DecidedFebruary 9, 2010
DocketNo. WD 70443
StatusPublished
Cited by13 cases

This text of 302 S.W.3d 792 (Spencer v. Sac Osage Electric Co-op, Inc.) 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
Spencer v. Sac Osage Electric Co-op, Inc., 302 S.W.3d 792, 2010 Mo. App. LEXIS 132, 2010 WL 431348 (Mo. Ct. App. 2010).

Opinion

ALOK AHUJA, Judge.

Appellant Steven Spencer appeals a Final Award Denying Compensation issued by the Labor and Industrial Relations Commission. The Commission’s Final Award upheld a decision of an Administrative Law Judge (“ALJ”) in the Division of Workers’ Compensation which denied Mr. Spencer’s claim for workers’ compensation benefits. For the reasons which follow, we reverse and remand for further proceedings consistent with this opinion.

Factual Background1

Steven Spencer worked as a senior electrical lineman for respondent Sac Osage Electric Cooperative. Part of Spencer’s job duties included replacing electrical transformers which had become damaged due to lightning strikes or removing transformers which were no longer needed. Transformers contain oil used to prevent overheating. This oil is sealed inside the transformer, but these seals can be broken by lightning strikes, which can result in the oil leaking out when the transformer is being moved. Mr. Spencer alleged that on approximately May 1, 1987, while removing a transformer, he accidentally spilled approximately a gallon of transformer oil over the front of his body from his neck to his knees. His clothing was saturated, including his jeans and underwear. Mr. Spencer continued to work in this oil-[795]*795soaked clothing for the remainder of the workday, approximately seven to eight hours.

According to Mr. Spencer, he began feeling sick to his stomach and experiencing pain in his groin area later that day. Mr. Spencer saw a physician that evening and was given some medication. Despite the medication, the next day Mr. Spencer had a swollen left testicle and a fever of 102.2 degrees. Mr. Spencer was hospitalized from May 2 to May 9, 1987, and given intravenous antibiotics. He was released, but was rehospitalized from May 13 to May 21, 1987. Biopsies of swollen tissue from the penis and left testicle were analyzed, and a May 14,1987 pathology report reflected “an inflammatory infíltrate deep in the dermis.” The report also reflected that a hyperkeratosis was present on Mr. Spencer’s penis. According to Mr. Spencer’s expert witness, Dr. Norbert Belz, a hyperkeratosis is an area of excess dead skin cells which is slightly raised and is similar to a wart or a callus. Dr. Belz testified that the hyperkeratosis was unrelated to Mr. Spencer’s employment. A biopsy of the hyperkeratosis was performed and determined to be non-cancerous. The surgeon’s operative report noted “a very unusual inflammatory process involving the subcutaneous tissue of the scrotum and penis.”

The swelling resolved and Mr. Spencer returned to work. Mr. Spencer again suffered swelling of his penis and scrotum, however, and after another biopsy was performed, he was diagnosed with scleros-ing lipogranuloma of the penis and scrotum on October 14, 1988. The pathology report states that, “[s]clerosing lipogranu-loma is an inflammatory reactive process to exogenous lipids and waxes gaming access to the dermis.”2

On November 21, 1989, Mr. Spencer again experienced significant swelling of his penis, and again underwent a biopsy of his penile tissue. The biopsy showed scle-rosing lipogranuloma involving the subcutaneous tissue of the penis, as well as staph in the subcutaneous tissue. Mr. Spencer’s treating physician advised him that, according to medical literature, the primary cause of sclerosing lipogranuloma of the penis is injection of paraffins or waxes into the penis for purposes of enhancing erections and/or sexual performance. When asked if any substance had been injected into his penis, Mr. Spencer denied any injections.

Mr. Spencer claimed that he suffered another exposure to transformer oil on June 21, 1990, when he was unloading a lightning-damaged transformer and dropped it, causing fluid to splash out onto his belly and crotch area. He was hospitalized from July 5-10, 1990, and treated with antibiotics and steroids. On July 27, 1990, Mr. Spencer underwent surgical removal of swollen tissue. Five samples were taken from the excised tissue, and the diagnosis of sclerosing lipogranuloma was confirmed.

Mr. Spencer returned to work on August 20,1990, at which time he suffered his last distinct exposure to transformer oil. He claimed that he pulled on a rope in the back of his truck that had been soaked in transformer oil, causing oil to get on his [796]*796hands. Later, with the oil still on his hands, he urinated and the oil was transferred from his hands to his penis. That day, Mr. Spencer sought treatment at an emergency room complaining of a “reaction to transformer oil.” According to medical records, Mr. Spencer suffered from a “swollen hard penis,” flushing of his face and arms, and complained of blurred vision and pain. Mr. Spencer was hospitalized for two days, subjected to “numerous laboratory procedures” and given intravenous antibiotics and “high doses of oral steroids.” By the time he was discharged, the acute phase appeared to be over. Mr. Spencer was referred to an allergist, who recommended excision of a penile lesion and “meticulous avoidance of transformer oil.” Although Mr. Spencer was ultimately cleared to return to work, Sac Osage terminated his employment on the grounds that it had no jobs available for him which would not involve potential exposure to transformer oil. Mr. Spencer never returned to any kind of work after his August 20, 1990 exposure. Since 1990 he has continued to experience medical problems associated with his sclerosing li-pogranuloma, which we need not detail here.

Five experts testified in the case. The ALJ found that “the overall testimony of Dr. Belz and Dr. Belsito[, an expert retained by Sac Osage, was] the most logical testimony with regard to the issue of whether [Mr. Spencer’s] sclerosing lipo-granuloma was caused by his exposure to transformer oil.”

Dr. Belz testified that a lipogranuloma forms in response to a lipid infiltrating to the deep dermal layer of the skin, or to the fatty tissue beneath it. The body first tries to destroy the foreign substance by attacking it with white blood cells. If the substance is not eliminated, the white blood cells encapsulate the foreign body within a protective coating. This causes the nodular granulomas. It is the nature of sclerosing lipogranuloma to wax and wane.

Dr. Belz testified that, in his opinion, Mr. Spencer’s exposures to transformer oil while working for Sac Osage caused his sclerosing lipogranuloma. Dr. Belz testified that Mr. Spencer’s oil-soaked clothing and underclothing, in which he continued to work for seven to eight hours following the May 1, 1987 spill, acted as the equivalent of an occlusive dressing, holding the transformer oil against Mr. Spencer’s skin. Dr. Belz explained that occlusive dressings are used in the medical profession, and “massively increase[ ] the absorption of something that is relatively not absorba-ble.” Dr. Belz noted that the May 14, 1987 pathology report did not find scleros-ing lipogranuloma, but that the condition was noted in the October 14, 1988 pathology report. Dr. Belz testified that this time lapse was consistent with causation by the May 1, 1987 spill, because there is a five-to eighteen-month latency period between exposure to a foreign substance and development of sclerosing lipogranuloma. (Sac Osage’s expert, Dr. Belsito, testified to a similar average latency period, of between six to fifteen months.)

Dr. Belz testified to multiple avenues through which the transformer oil could have infiltrated to the deep dermal layer of Mr. Spencer’s penis. Thus, Dr.

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Bluebook (online)
302 S.W.3d 792, 2010 Mo. App. LEXIS 132, 2010 WL 431348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-sac-osage-electric-co-op-inc-moctapp-2010.