Moreland v. EAGLE PICHER TECHNOLOGIES, LLC
362 S.W.3d 491
Mo. Ct. App.2012Background
- Moreland began working for Eagle Picher in 1973; facility at issue operated 1984–1994 in Joplin, Building 4 and nearby Building 11.
- Moreland worked in nickel cadmium/nickel hydrogen area (Building 4) and in the rubber/plastic-related areas; he rose to foreman.
- He first became ill in 2005; diagnosed with multiple myeloma after referral to University of Arkansas; last day of work was August 1, 2005.
- Medical expenses incurred totaled $734,586.49 with travel costs of $17,434.59; Moreland filed a workers’ compensation claim on December 17, 2007.
- ALJ awarded unpaid medical expenses, permanent total disability benefits, and penalties; Commission affirmed the award and findings.
- Eagle Picher appeals asserting four points: timeliness, admissibility of Dr. Goldstein’s testimony, occupational disease, and safety-statute violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Moreland’s claim | Moreland timely under three-year rule | Limitations were two years unless three-year exception applies | Timely under three-year exception; Commission affirmed |
| Admissibility of Dr. Goldstein’s testimony | Testimony meets §490.065 standards | Not based on medical certainty or reasonably relied data | Admissible; meets standard of expert testimony |
| Moreland as occupational disease | Work exposure caused disease; recognizable link to job | No empirical benzene–myeloma link established | Occupational disease proven by substantial medical testimony; award affirmed |
| Violations of workplace safety statutes | Evidence shows safety violations and inadequate protections | Evidence insufficient of violations | Evidence supports violations; 15% penalty upheld |
Key Cases Cited
- Kelley v. Banta & Stude Const. Co., Inc., 1 S.W.3d 43 (Mo. App. E.D. 1999) (single medical opinion can support compensability)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard of review for Commission findings; substantial evidence)
- Sell v. Ozarks Med. Ctr., 333 S.W.3d 498 (Mo. App. S.D. 2011) (deference to Commission on credibility; findings reviewed for substantial evidence)