Michael v. Treasurer
2011 Mo. App. LEXIS 230
| Mo. Ct. App. | 2011Background
- Claimant sought workers' compensation from SIF for permanent partial disability after a 2002 neck/left shoulder injury and a 2003 bilateral carpal tunnel syndrome, with pre-existing disability identified at 50 weeks.
- ALJ awarded permanent partial disability with a 15% loading factor for the combined disabilities, totaling a specific monetary award against SIF.
- Commission affirmed the ALJ’s award; Claimant challenged the award as legally requiring permanent total disability based on the combination of injuries and age/education/work history.
- Medical evidence included Dr. Volarich’s 2004 rating of 30% body-wide disability from the 2002 injury and subsequent assessments; Swearingin evaluated employability and concluded total disability as of May 2008.
- The court held the SIF liability is determined by the combination analysis under §287.190.6 and related statutes, with the last-injury impairment measured first and the pre-existing impairment then evaluated for excess over the sum, applying a loading factor.
- The court affirmed that the ultimate disability as of the hearing date was due to a deterioration of pre-existing neck disability and degenerative disc disease, not a finding of permanent total disability as of the last injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant was permanently totally disabled as of the last injury | Michael argues the combination of injuries yields total disability as a matter of law. | SIF contends the record supports permanent partial disability with a loading factor, not total disability. | Not, the award for PPD supported; no medical opinion establishing PTD at last injury. |
| Whether the 15% load factor for combined disabilities is proper | Swearingin’s and Volarich’s evidence support a greater than sum of parts, justifying a loading factor. | Record supports loading for synergistic effect; no contrary medical opinion establishing PTD. | Yes, loading factor supported by substantial evidence. |
| Whether pre-existing disability and last injury were properly applied under §287.220.1 | Claimant contends pre-existing disability plus last injury produce total disability. | Court should compute last-injury impairment first, then consider pre-existing impairment and any excess. | Correct; SIF liable only for excess over the sum attributable to last injury and pre-existing impairment, with loading if applicable. |
| Whether the Commission properly determined that the total disability as of hearing was due to deterioration of the pre-existing condition rather than solely the last injury | Disability as of May 2008 was caused by deterioration from the last injury combined with neck issues. | Evidence supports deterioration due to pre-existing neck condition and degenerative disc disease as of hearing date. | Affirmed; evidence supports deterioration of pre-existing condition, not PTD from last injury alone. |
Key Cases Cited
- Dunn v. Treasurer of Mo., 272 S.W.3d 267 (Mo.App.2008) (SIF liability limited to portion due to last injury when pre-existing disability exists)
- Elrod v. Treasurer of Mo., 138 S.W.3d 714 (Mo. banc 2004) (PTD standard requires actual/measurable disability and causation by last injury)
- Garcia v. St. Louis Cnty., 916 S.W.2d 263 (Mo.App.1995) (determine last-injury disability first; consider pre-existing disability for excess)
- Gassen v. Lienbengood, 134 S.W.3d 75 (Mo.App.2004) (establish measurable disability at time of last injury for SIF liability)
- Cardwell v. Treasurer of State of Mo., 249 S.W.3d 902 (Mo.App.2008) (permanent partial disability vs. total disability framework)
- Mathia v. Contract Freighters, Inc., 929 S.W.2d 271 (Mo.App.1996) (tests for open labor market competitiveness and employability)
- Mell v. Biebel Bros., Inc., 247 S.W.3d 26 (Mo.App.2008) (medical opinions govern PTD finding; vocational input often ancillary)