Greer v. SYSCO Food Services
2015 Mo. LEXIS 248
| Mo. | 2015Background
- Greer, a long‑time SYSCO forklift operator, sustained a crush injury to his left ankle on Feb 23, 2006; initial care resulted in a 5% permanent partial disability finding and a return-to-work release in April 2007.
- After persistent symptoms and multiple treatments for tarsal tunnel syndrome, Greer underwent tarsal tunnel release and related surgery on June 22, 2010; he continued treatment through Feb 4, 2011.
- Greer resigned in Nov 2007, pursued additional care on his own, and sought workers’ compensation for past/future medical care, temporary total disability (TTD), permanent total disability (PTD), and penalties related to an alleged safety-rule violation.
- ALJ awarded 27.5% permanent partial disability, denied PTD, found MMI on April 23, 2007, and imposed a 25% reduction for a safety violation; the Commission modified the ALJ by awarding additional TTD (post‑surgery), past medical expenses, overturning the safety‑violation reduction, and awarding future medical care.
- Employer appealed portions of the Commission’s decision; the Missouri Supreme Court reviewed deference to factual findings and whether statutory language permits TTD after MMI when the claimant is still engaged in rehabilitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Permanent Total Disability (PTD) entitlement | Greer: medical and vocational testimony show he is unemployable in the open labor market | Employer/Fund: Commission reasonably credited evidence showing sedentary work available; surveillance undermines credibility | Commission affirmed: Greer failed to prove PTD; credibility and vocational evidence supported denial |
| TTD after alleged MMI/date limit | Greer: entitled to TTD while engaged in rehabilitative process (post‑surgery) | Employer: statute/MMI preclude TTD after April 23, 2007; surgery was not rehabilitative | Court: statute allows TTD during the rehabilitative process; Commission may award post‑MMI TTD if claimant engaged in rehabilitation; affirmed additional TTD award |
| Safety‑rule reduction under §287.120.5 | Employer: Greer admitted signing counseling form; safety rule violation caused injury so reduction warranted | Greer: rule applied only when forklift was traveling; employer failed to prove actual knowledge as applied | Commission affirmed (overturned ALJ reduction): employer failed to prove Greer had actual knowledge that rule applied while equipment was stationary |
| Future medical care under §287.140.1 | Greer: reasonable probability that future meds/pain management/tendon transfer needed | Employer: majority of treating experts found MMI and no further care necessary; countervailing opinions | Commission affirmed: credible medical testimony (Dr. Berkin, Dr. Johnson) supported reasonable probability of future care; award sustained |
Key Cases Cited
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard for substantial and competent evidence review)
- Hornbeck v. Spectra Painting, Inc., 370 S.W.3d 624 (Mo. banc 2012) (deference to administrative factfinding and credibility determinations)
- Cardwell v. Treasurer of the State of Missouri, 249 S.W.3d 902 (Mo.App.E.D.2008) (MMI and timing of temporary vs. permanent benefits)
- Vinson v. Curators of Univ. of Missouri, 822 S.W.2d 504 (Mo.App.E.D.1991) (use of maximum medical improvement concept in benefits timing)
- Thorsen v. Sachs Electric Co., 52 S.W.3d 611 (Mo.App.W.D.2001) (permitting separate periods of TTD when additional rehabilitative treatment occurs)
- Reed v. Associated Elec. Co‑op., Inc., 302 S.W.3d 693 (Mo.App.S.D.2009) (additional TTD after subsequent surgery and rehabilitation)
- Tilley v. USF Holland Inc., 325 S.W.3d 487 (Mo.App.E.D.2010) (definition and test for total disability in workers’ comp)
- Witte v. Treasurer of State—Custodian of Second Injury Fund, 414 S.W.3d 455 (Mo. banc 2013) (deference to commission on factual matters)