KATHY HALL, Claimant-Respondent v. MISSOURI STATE TREASURER, AS CUSTODIAN of the SECOND INJURY FUND
2016 Mo. App. LEXIS 693
| Mo. Ct. App. | 2016Background
- Claimant (Kathy Hall) worked at Solo Cup from 1975–2011 with repeated loud noise exposure and later claimed occupational disease: hearing loss and tinnitus.
- Claimant settled with employer for permanent partial disability; remaining dispute was Fund liability for enhanced/total disability due to combined preexisting conditions and tinnitus.
- ALJ found Claimant permanently totally disabled based on Dr. Koprivica’s opinion that tinnitus plus preexisting conditions prevented speech discrimination; ALJ credited Claimant’s testimony about inability to understand conversation.
- Fund’s expert, Dr. Parmet, relied on a 2012 speech reception threshold test (SRTT) showing normal results and argued no disability; a speech discrimination test (SDT) that directly measures understanding was not performed.
- The Commission adopted the ALJ’s findings; the Treasurer (Second Injury Fund) appealed, arguing the Commission improperly favored subjective findings over objective ones in violation of § 287.190.6(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 287.190.6(2) required crediting objective test results over subjective findings | Hall: Commission may credit Dr. Koprivica and claimant testimony showing tinnitus impairs speech understanding | Fund: SRTT is an objective test showing no impairment; objective findings must prevail over subjective ones | The statute requires objective findings only when they address the specific disability; SRTT did not refute inability to understand speech, so Commission could credit Koprivica and claimant |
| Whether Claimant proved compensable disability from tinnitus sufficient to impose Fund liability | Hall: Audiogram abnormalities correlated with tinnitus and functional speech-discrimination restriction leading to increased disability with preexisting conditions | Fund: Normal SRTT and lack of SDT mean no demonstrated disability from tinnitus, so no Fund liability | Commission’s factual finding (crediting claimant and Koprivica) stands; evidence supports award and Fund not entitled to reversal |
Key Cases Cited
- Dorris v. Stoddard Cnty., 436 S.W.3d 586 (Mo. App. S.D. 2014) (appellate review treats Commission findings as adopted when it incorporates ALJ findings)
- Patterson v. Cent. Freight Lines, 452 S.W.3d 759 (Mo. App. E.D. 2015) (deference to Commission on credibility and factual determinations)
- Pierson v. Treasurer of State, 126 S.W.3d 386 (Mo. banc 2004) (purpose of Second Injury Fund and framework for combined-disability awards)
- Pennewell v. Hannibal Reg'l Hosp., 390 S.W.3d 919 (Mo. App. 2013) (appellate courts bound by Commission credibility determinations)
- Jordan v. USF Holland Motor Freight, Inc., 383 S.W.3d 93 (Mo. App. 2012) (framework for challenging weight of evidence and credibility)