Maryville R-II School District v. Payton
2017 Mo. App. LEXIS 294
| Mo. Ct. App. | 2017Background
- Employee Daniel Payton (HVAC tradesman) experienced a loud pop and acute left-shoulder pain on March 10, 2014 while lifting a ~200 lb soccer goal at work; he reported the injury and was treated in the ER.
- MRI showed a full-thickness left rotator cuff tear; he underwent surgical repair May 12, 2014 and later had recurrent tear; employer could not accommodate a 5-lb restriction and terminated him Sept. 25, 2014.
- Payton claimed the March 10, 2014 work incident rendered him permanently and totally disabled; ALJ credited his testimony and Dr. P. Brent Koprivica (occupational medicine) who found the March 10 injury the prevailing cause and imposed disabling restrictions.
- Employer’s orthopaedic expert, Dr. DiStefano, opined the March 10 incident was not the prevailing cause; ALJ found that opinion not credible and preferred Koprivica; vocational expert Michael Dreiling agreed Payton was unemployable under Koprivica’s restrictions.
- ALJ awarded benefits and ruled the Second Injury Fund had no liability because the last injury (March 10, 2014) alone produced permanent total disability; Commission adopted the ALJ decision; employer appealed to the court.
Issues
| Issue | Payton's Argument | School District's Argument | Held |
|---|---|---|---|
| Whether March 10, 2014 accident was the prevailing factor causing left-shoulder injury | March 10 incident caused a massive rotator cuff tear and is the prevailing cause | ALJ relied on non-orthopaedic expert (Koprivica); employer’s orthopaedic expert (DiStefano) should control | Court defers to Commission credibility findings and affirms that March 10, 2014 was the prevailing cause |
| Whether March 10, 2014 injury alone rendered Payton permanently and totally disabled | March 10 injury alone produced disabling restrictions (need to lie down, no use of left arm) making him totally disabled | Disability is the combined effect of March 10 injury and prior conditions (knees, prior right shoulder) | Court affirms ALJ finding that March 10 injury alone rendered Payton permanently and totally disabled |
| Whether Second Injury Fund is liable for portion of benefits | Fund/Payton: analysis under applicable statute; no Fund liability if last injury alone caused total disability | School District: ALJ applied wrong statutory subsection; remand needed to apply pre-2014 method | Court holds Gattenby controls; because last injury alone caused total disability, Fund has no liability and employer is fully liable |
| Whether award is against the weight of the evidence | N/A (Payton prevailed) | ALJ improperly credited Koprivica over an orthopaedic surgeon; evidence does not support ALJ findings | Court applies deferential review, finds ALJ’s credibility determinations supported by competent, substantial evidence; denies challenge |
Key Cases Cited
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard: award supported by competent and substantial evidence; review considers whole record)
- Treasurer of State—Custodian of Second Injury Fund v. Witte, 414 S.W.3d 455 (Mo. banc 2013) (deference to Commission on factual and credibility determinations)
- Jefferson City Country Club v. Pace, 500 S.W.3d 305 (Mo. App. W.D. 2016) (causation and credibility are for the Commission; court will not reweigh conflicting medical opinions)
- Birdsong v. Waste Mgmt., 147 S.W.3d 132 (Mo. App. S.D. 2004) (if last injury alone renders employee totally disabled, employer—not Fund—pays entire award)
- Jordan v. USF Holland Motor Freight, Inc., 383 S.W.3d 93 (Mo. App. S.D. 2012) (framework for "against the weight" challenge)
- Copeland v. Thurman Stout, Inc., 204 S.W.3d 737 (Mo. App. S.D. 2006) (appellate review treats Commission decisions as including ALJ’s if adopted)
- Kliethermes v. ABB Power T & D, 264 S.W.3d 626 (Mo. App. W.D. 2008) (court may set aside Commission decisions unsupported by substantial evidence)
- Hall v. Missouri State Treasurer, 500 S.W.3d 282 (Mo. App. S.D. 2016) (purpose of Second Injury Fund to encourage employment of workers with preexisting disabilities)
- Wickam v. Treasurer of the State of Missouri—Custodian of the Second Injury Fund, 499 S.W.3d 751 (Mo. App. W.D. 2016) (Fund is responsible for portion attributable to preexisting conditions)