Pavia v. Smitty's Supermarket
366 S.W.3d 542
Mo. Ct. App.2012Background
- Claimant, Patrick Pavia, suffered a severe brain injury in 1996 while working for Smitty’s Supermarket and received an award under Missouri workers’ compensation law.
- The Administrative Law Judge awarded Pavia 70% permanent disability with a 15% penalty for safety-violation findings under §292.020 and related statutes.
- The Commission modified the ALJ’s decision, awarding permanent total disability and lifetime benefits, with penalties incorporated into medical expenses and disability benefits.
- Employer later sought a change in condition under §287.470, based on alleged cognitive improvement since the 2002 award.
- The Commission remanded for hearing; in 2010 the Employer presented expert testimony arguing improved function, while Claimant presented contrary evidence from Dr. Cohen.
- The Commission ultimately dismissed Employer’s motion for a change in condition, finding no substantial physical change in Claimant’s brain and credibility determinations favored Claimant’s evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §287.800’s strict construction applies to retroactively alter §287.470 | Pavia argues pre-2005 law governs; strict construction does not apply. | Employer argues post-2005 strict construction enlarges change-in-condition proof. | Post-2005 §287.800 does not apply to this pre-2005 injury; retroactivity not shown. |
| Whether the Commission arbitrarily disregarded Dr. Stillings’ evidence of change in condition | Employer claims Commission ignored credible change evidence from Stillings. | Claimant argues Commission appropriately weighed credibility against Stillings’ testimony. | Commission’s findings on credibility and weight of evidence support dismissal of change-in-condition motion. |
Key Cases Cited
- Bunker v. Rural Elec. Coop., 46 S.W.3d 641 (Mo. App. 2001) (change-in-condition requires a demonstrable physical change in condition)
- Sachs Elec. Co. v. Mapes, 254 S.W.3d 900 (Mo. App. 2008) (2005 amendment did not apply retroactively to pre‑amendment injuries)
- Goad v. Treasurer of State, — (Mo. App. 2011) (referenced for law-of-the-date-of-injury principle (contextual))