Pennewell v. Hannibal Regional Hospital
390 S.W.3d 919
| Mo. Ct. App. | 2013Background
- Pennewell worked as a staff physical therapist for Hannibal Regional since 1994; injury July 14, 2006 during a program, leading to back injury.
- MRI showed central disc protrusion; underwent multiple surgeries including L5-S1 fusion; work restrictions followed.
- In 2007–2009 she had limited duties, rest breaks, and occasional lying down at work; spinal cord stimulator implanted July 2008.
- By late 2009 she relied on heavy pain meds; doctors deemed permanent partial disability but conflicting views on total disability arose.
- Independent medical exam (Cantrell) found fitness for three 8-hour shifts; Hannibal offered light-duty work which Pennewell declined.
- ALJ awarded permanent and total disability plus future medical treatment; Commission affirmed; Hannibal appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Strict construction of total disability statute | Pennewell argues the ALJ applied correct strict standard under §287.800.1. | Hannibal argues ALJ misapplied standard and improperly weighed evidence. | No error; strict construction applied and standards met. |
| Impartial weighing of evidence | Pennewell contends Commission weighed evidence impartially without bias. | Hannibal contends Commission improperly favored Pennewell's evidence. | Evidence balanced; Commission properly weighed competing medical opinions. |
| Permanent and total disability standard and evidence | Pennewell argues evidence supports inability to engage in any employment. | Hannibal argues evidence shows some employment possibilities, not total disability. | Commission's finding of permanent and total disability supported by substantial evidence. |
| Future medical treatment award | Pennewell contends future care is reasonably required for work-related injury. | Hannibal argues no future care warranted given MMI status. | Award for future medical treatment upheld; evidence showed ongoing need. |
Key Cases Cited
- Casteel v. Gen. Council of Assemblies of God, 257 S.W.3d 160 (Mo.App. S.D.2008) (appellate review of Commission factual findings)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard for reviewing evidence in WC cases)
- Bond v. Site Line Surveying, 322 S.W.3d 165 (Mo.App. W.D.2010) (defers to Commission credibility determinations)
- Jordan v. USF Holland Motor Freight, Inc., 383 S.W.3d 93 (Mo.App. S.D.2012) (weighing conflicting medical opinions; credibility of witnesses)
- Clark v. Harts Auto Repair, 274 S.W.3d 612 (Mo.App. W.D.2009) (definition of permanent total disability in workers' comp)
- Baxi v. United Technologies Automotive, 956 S.W.2d 340 (Mo.App. E.D.1997) (employee disability determination within Commission's province)
- Lawson v. Ford Motor Co., 217 S.W.3d 345 (Mo.App. E.D.2007) (need for future medical treatment despite MMI)
- Robinson v. Hooker, 323 S.W.3d 418 (Mo.App. W.D.2010) (strict construction of statutory definitions)