Jordan v. USF Holland Motor Freight, Inc.
383 S.W.3d 93
| Mo. Ct. App. | 2012Background
- Claimant, a truck driver, fell from his cab; the incident is the work injury at issue.
- Over two years of medical treatment for left shoulder and low back pain occurred, including two shoulder surgeries.
- An award of $39,925.70 for shoulder/low back injuries is not disputed.
- The disputed issue is causation of a herniated disc first manifesting more than two years post-fall.
- Claimant’s expert (Dr. Cohen) attributed the disc to the prior injury/therapy as a natural consequence, while two employer doctors rejected any relation to the fall or therapy.
- The ALJ credited the employer's experts over Dr. Cohen, and the Labor and Industrial Relations Commission affirmed; no benefits were awarded for the herniated disc.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the award on causation for the herniated disc was contrary to the weight of the evidence. | Cohen’s theory shows a causal link as a natural consequence of the work injury and therapy. | Employer’s doctors found no relationship between the disc herniation and the fall or therapy. | Not shown; the award affirming no benefits for the disc stands. |
| Whether the court should reverse based on credibility determinations and standard of review. | Claims reversal due to the weight of the evidence. | Review defers to ALJ credibility determinations and the Commission’s findings. | Court defers to ALJ credibility and sustains the Commission’s decision. |
Key Cases Cited
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (discusses reversal logic for “overwhelming weight” evidence in workers’ compensation)
- Payne v. Thompson Sales Co., 322 S.W.3d 590 (Mo.App.2010) (unreviewable where ALJ considered competing medical opinions)
- Stewart v. Sidio, 358 S.W.3d 524 (Mo.App.2012) (outlines four-step approach to “against the weight” challenges)
- Houston v. Crider, 317 S.W.3d 178 (Mo.App.2010) (discusses credibility and weight in medical causation)
- Tillotson v. St. Joseph Medical Center, 347 S.W.3d 511 (Mo.App.2011) (distinguishes injury causation from treatment decisions)
- Proffer v. Federal Mogul Corp., 341 S.W.3d 184 (Mo.App.2011) (review framework for Commission-adopted ALJ findings)