Blackshear v. Adecco
420 S.W.3d 678
| Mo. Ct. App. | 2014Background
- Claimant Stacey Blackshear filed a 2005 workers’ compensation claim for back/legs/body injuries with Adecco.
- Injury occurred August 23, 2005; parties stipulated proper notice, timely filing, and MMI on March 30, 2010.
- ALJ held Claimant’s permanent total disability (PTD) resulted from the last injury alone, with SIF not liable; Employer appealed.
- Labor and Industrial Relations Commission (Commission) in 2018 modified to find 85% permanent partial disability (PPD) from the primary injury and determined PTD resulted from a combination of the primary injury and pre-existing psychiatric disability.
- SIF appeals arguing failure to isolate the last-injury liability and insufficient evidence to support PTD from the combination; the court affirms the Commission.
- The final decision affirms the Commission’s conclusion that SIF is liable for PTD due to the combination of the primary injury and pre-existing psychiatric conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Commission's PTD determination proper when isolating the last injury first? | SIF: last injury liability must be determined in isolation under Hughey. | Commission followed Hughey/Landman; last-injury liability determined first; pre-existing disability irrelevant until then. | Yes; Commission correctly determined last-injury liability before SIF liability. |
| Is there sufficient competent evidence to support PTD resulting from the combination? | Volarich’s opinion uncontradicted; PTD due to primary injury alone. | Evidence shows Volarich is not uncontradicted; psychiatric testimony supports combination-based PTD. | Yes; the Commission's finding of PTD based on a combination is supported by substantial evidence. |
Key Cases Cited
- Hughey v. Chrysler Corp., 34 S.W.3d 845 (Mo.App.E.D.2000) (pre-existing disabilities irrelevant until last-injury liability is determined; last injury alone determines fund liability)
- Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240 (Mo.2003) (confirms last-injury-first approach and SIF liability framework)
- Highley v. Von Weise Gear, 247 S.W.3d 52 (Mo.App.E.D.2008) (test for disability in labor market context; primary determinant is employer’s ability to hire given condition)
- Elrod v. Treas. of Missouri as Custodian of Second Injury Fund, 138 S.W.3d 714 (Mo. banc 2004) (SIF liability when combination with pre-existing disability creates greater overall disability)
- Stewart v. Johnson, 398 S.W.2d 850 (Mo.1966) (early standard for assessing extent of last-injury disability)