Peters v. Treasurer of Missouri
2012 Mo. App. LEXIS 1394
| Mo. Ct. App. | 2012Background
- Claimant Kathleen Peters developed right shoulder overuse syndrome (occupational disease) while employed as an assembler for General Motors in November 2007.
- Claimant and Employer settled for 22.5% permanent partial disability (PPD) in the right shoulder, with preexisting disabilities noted.
- The sole issue before the ALJ was whether an occupational disease could trigger Fund liability under Section 287.220.1.
- The Fund argued that Section 287.220.1 requires a subsequent compensable injury, and that an occupational disease is not an injury under the strict 2005 amendments.
- The ALJ held that injury by occupational disease is provided for in Sections 287.067.2 and .3 and awarded PPD benefits.
- The Commission affirmed, adopting the ALJ’s construction and holding that the term 'injury' in § 287.220.1 includes occupational disease.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'subsequent compensable injury' in § 287.220.1 includes occupational disease. | Peters argues occupational disease is a compensable injury under § 287.067. | Fund argues the term 'injury' does not include occupational disease under the 2005 amendments. | Yes; occupational disease constitutes a compensable injury triggering Fund liability. |
Key Cases Cited
- Treasurer of State v. Stiers, 388 S.W.3d 217 (Mo.App. W.D.2012) (recognizes occupational disease injuries as compensable and triggering Fund liability)
- KCP & L Greater Mo. Operations Co. v. Cook, 353 S.W.3d 14 (Mo.App. W.D.2011) (limits to accident injuries; clarifies umbrella of injuries includes occupation disease for Fund)
- Elgersma v. DePaul Health Ctr., 829 S.W.2d 35 (Mo.App. E.D.1992) (notice provisions apply to accidents, distinguishable from occupational disease)
- Prater v. Thorngate, Ltd., 761 S.W.2d 226 (Mo.App. E.D.1988) (distinguishes notice requirements for accidents vs. occupational disease)
- State ex rel. KCP & L Greater Mo. Operations Co. v. Cook, 353 S.W.3d 14 (Mo.App. W.D.2011) (disease vs. accident categorization; discusses statutory framework)