Dillon v. Architectural Materials Co.
2013 Mo. App. LEXIS 264
| Mo. Ct. App. | 2013Background
- Claimant appeals the Commission's final denial of workers' compensation.
- Claimant argues the Commission erred on medical causation and that the evidence supports causation.
- Standard of review follows section 287.495.1 and Hampton v. Big Boy Steel Erection; the court may modify for lack of competent evidence or incorrect factual findings.
- Claimant worked as a commercial glazier; prior 2007 x-ray showed loss of segmental motion at L5-S1 and he had chiropractic treatment.
- On August 13, 2009, Claimant sustained a back injury while lifting a door, later worsened after a ladder incident; MRI showed disc protrusion at L4-5 and herniation at L5-S1; surgery occurred September 23, 2009; dispute centered on whether the August accident was the prevailing factor in causing the herniation.
- The ALJ denied benefits; the Commission affirmed; the appellate court affirmed the Commission's credibility determinations and ruling on causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was medical causation proven by competent evidence that the August 13, 2009 accident was the prevailing factor? | Claimant argues causation supported by medical opinions. | Employer argues causation stems from preexisting condition and conflicting records. | Yes; Commission's credibility determination supports prevailing-factor causation. |
| Is Dr. deGrange's opinion competent and substantial evidence to negate causation? | Dr. deGrange based his opinion on the record; contradicts Claimant. | DeGrange resolved conflicts in records; Commission can credit him over Claimant's expert. | Yes; Commission properly credited deGrange as competent evidence. |
| Should credibility determinations favoring the employer be disturbed? | Prior cases show credibility errors; but not persuasive here. | Credibility determinations are within the Commission's exclusive purview. | No; appellate review defers to Commission on witness credibility. |
Key Cases Cited
- Bond v. Site Line Surveying, 322 S.W.3d 165 (Mo.App. W.D.2010) (medical causation evidence and weigh of expert opinions defer to Commission)
- Gordon v. City of Ellis-ville, 268 S.W.3d 454 (Mo.App. E.D.2008) (Commission may choose among competing medical opinions)
- Whiteley v. City of Poplar Bluff, 350 S.W.3d 70 (Mo.App. S.D.2011) (credibility determinations unfavorable to claimant limit appellate relief)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard for reviewing Commission decisions in workers' compensation)
- Leake v. City of Fulton, 316 S.W.3d 528 (Mo.App. W.D.2010) (credibility and weight-of-evidence considerations in appellate review)