James Wickam v. Treasurer of The State of Missouri-Custodian of the Seond Injury Fund
499 S.W.3d 751
| Mo. Ct. App. | 2016Background
- James Wickam worked as a truck driver/heavy equipment operator and sustained a right shoulder injury at work on August 17, 1999; he later developed bilateral carpal tunnel syndrome (CTS).
- EMG on November 6, 2000 showed moderate-to-severe right CTS; Dr. Koprivica evaluated Wickam on November 1, 2001 and diagnosed bilateral CTS and recommended bilateral carpal tunnel release surgery.
- Wickam underwent right carpal tunnel release on September 12, 2003 and left release on December 22, 2003; he later settled his primary claim reflecting an 18% PPD for CTS.
- Wickam had multiple other conditions: a preexisting 50% PPD right-shoulder impairment (released June 7, 2001), psychological disability, severe sleep apnea becoming disabling April 2003 (tracheostomy June 3, 2003), and bilateral knee problems with treatment beginning July 21, 2003.
- The Labor & Industrial Relations Commission found the CTS became compensable on November 1, 2001 (based on Dr. Koprivica’s report), excluded sleep apnea and knee conditions from SIF preexisting liability, and declined to award permanent total disability.
- The Court of Appeals reversed: applying Garrone, it held CTS did not become compensable until the first surgery-related inability to work (September 12, 2003), making sleep apnea (April 2003) and knee conditions (July 21, 2003) preexisting for SIF purposes and remanded for an award of permanent total disability against SIF.
Issues
| Issue | Plaintiff's Argument (Wickam) | Defendant's Argument (SIF / Treasurer) | Held |
|---|---|---|---|
| Date CTS became a compensable injury for SIF preexisting-disability analysis | CTS became compensable when surgery rendered him unable to work (Sept 12, 2003; Dec 22, 2003) | CTS became compensable earlier (Nov 1, 2001 per Koprivica; or Nov 6, 2000 per EMG) | Held: compensable date is Sept 12, 2003 (first surgery/inability to work) under Garrone standard |
| Effect of compensable date on SIF liability and total-disability finding | Earlier compensable date (Sept 2003) makes sleep apnea (Apr 2003) and knee (July 21, 2003) preexisting; combined conditions support permanent total disability | Commission’s earlier date (Nov 1, 2001) excluded sleep apnea and knees as preexisting, so SIF not fully liable for combined permanent-total disability | Held: because CTS became compensable Sept 12, 2003, sleep apnea and knee conditions preexisted CTS and SIF is liable; remanded for permanent total disability award |
Key Cases Cited
- Garrone v. Treasurer of State of Mo., 157 S.W.3d 237 (Mo. App. E.D. 2004) (an occupational disease is compensable when it impairs earning ability; first work-restricting event or inability to work can mark the compensable date)
- Schoemehl v. Treasurer of State, 217 S.W.3d 900 (Mo. banc 2007) (Workers’ Compensation Act construed liberally for public welfare)
- Coloney v. Accurate Superior Scale Co., 952 S.W.2d 755 (Mo. App. W.D. 1997) (disability/compensability may be shown by loss of earning ability or other work-related limitations)
- Gassen v. Lienbengood, 134 S.W.3d 75 (Mo. App. W.D. 2004) (SIF liability arises where preexisting disability combines with subsequent injury to increase total disability)