Nichols v. Belleview R-III School District
528 S.W.3d 918
| Mo. Ct. App. | 2017Background
- In October 2009 Colleen Nichols (age 55) slipped and fell at work for Belleview R-III School District, injuring neck, back, left hip, left shoulder, left elbow and left leg.
- Belleview initially reported multiple contusions; Nichols later filed claims alleging broader injuries and seeking compensation and Fund relief.
- Nichols was fired in February 2010; she pursued workers’ compensation benefits.
- An ALJ credited Nichols and her expert (Dr. Volarich), found the work accident the prevailing factor for her neck and back injuries, and awarded permanent total disability (PTD) benefits and future medical care (denying Fund relief).
- The Labor and Industrial Relations Commission affirmed the ALJ’s award. Belleview appealed, arguing insufficiency of competent evidence on causation, disability, and future medical care and also raised briefing noncompliance.
Issues
| Issue | Plaintiff's Argument (Nichols) | Defendant's Argument (Belleview) | Held |
|---|---|---|---|
| Whether the accident was the prevailing factor for Nichols’ lumbar/back condition | Work accident caused lumbar/left hip girdle radiculopathy and progressive impairment (Dr. Volarich + claimant testimony) | Accident caused only a lumbar strain; current condition due to preexisting degenerative disease; contrary medical opinions (Dr. Chabot, treating doctors) | Commission’s finding upheld: sufficient competent evidence (ALJ credited Nichols and Dr. Volarich); contrary evidence irrelevant on appeal under §287.495.1(4) review rule |
| Whether the accident was the prevailing factor for Nichols’ cervical/neck condition | Work accident caused cervical syndrome related to disc bulging (Dr. Volarich + testimony) | Injury caused only cervical strain; ongoing neck problems due to preexisting degenerative disease; Dr. Chabot testimony contradicted claimant’s experts | Commission’s finding upheld: sufficient competent evidence; appellate court defers to Commission credibility determinations |
| Whether Nichols is permanently and totally disabled solely from work injuries | Nichols’ testimony plus medical and vocational opinions support PTD and inability to work | Belleview argued only partial upper-extremity permanent disability and that total disability stems from idiopathic conditions; cited treating doctors and other experts for lesser disability | Commission’s PTD award affirmed: Commission may determine disability percentage and credited claimant’s evidence; appellate review limited to sufficiency of competent evidence |
| Whether Nichols is entitled to future medical care for work injuries | Dr. Volarich recommended future treatment tied to work injuries | Belleview argued claimant reached MMI and treating records do not support further care; Volarich’s opinions were speculative and contradicted treating physicians | Award for future medical care affirmed: sufficient competent evidence in record; Belleview’s challenges to expert foundation were unpreserved or improperly recast as sufficiency claims |
Key Cases Cited
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (frames standard that review tests for competent and substantial evidence on the whole record)
- Hornbeck v. Spectra Painting, Inc., 370 S.W.3d 624 (Mo. banc 2012) (evidence contrary to the Commission is irrelevant to a sufficiency challenge)
- Jordan v. USF Holland Motor Freight, Inc., 383 S.W.3d 93 (Mo.App. S.D. 2012) (articulates analytical steps for a §287.495.1(4) evidentiary sufficiency challenge)
- Dwyer v. Federal Exp. Corp., 353 S.W.3d 392 (Mo.App. S.D. 2011) (courts must defer to Commission’s credibility choices between competing medical opinions)
- Proffer v. Fed. Mogul Corp., 341 S.W.3d 184 (Mo.App. S.D. 2011) (failure to timely object to expert foundations waives admissibility challenges; such objections cannot be back‑doored as sufficiency claims)
- Taylor v. Labor Pros L.L.C., 392 S.W.3d 39 (Mo.App. W.D. 2013) (Commission not bound by experts’ exact disability percentages; degree of disability is not solely medical)
- White v. Anderssen Mobile X-Ray Service, 389 S.W.3d 222 (Mo.App. E.D. 2012) (discusses appellate scope when Commission incorporates ALJ findings)
- Morris v. Glenridge Children’s Center, Inc., 436 S.W.3d 732 (Mo.App. E.D. 2014) (defines sufficient competent evidence as having probative force)