Proffer v. Federal Mogul Corp.
2011 Mo. App. LEXIS 632
| Mo. Ct. App. | 2011Background
- Claimant Byron Proffer began working for Federal Mogul in 1968 with heavy lifting duties; he sustained a 1991 back injury.
- He had a 1997 work-related knee injury with three surgeries through 2000, then returned to normal duties.
- In October 2004, a wheel incident caused neck strain; doctors treated him and he underwent a C3-C7 fusion in November 2004.
- Post-surgery dizziness and neck pain persisted; by March 2005, he could not work; Dr. Chabot released him with a 13% whole-body disability.
- Dr. Park recommended and performed neck fusion augmentation in May 2005; Claimant received a permanent ten-pound lifting restriction and did not return to work.
- ALJ awarded PTD, past medical expenses of $71,064.63 for Dr. Park’s surgery, and six months of TTD; the Commission affirmed; SIF liability was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Work-related dizziness causation | Proffer argues dizziness is work-related due to accident and subsequent procedures. | Employer contends dizziness not work-related or not proven by competent evidence. | Dizziness held work-related; evidence sufficient. |
| Work-related need for Dr. Park's surgery | Park testified surgery was medically necessary for injury-related symptoms. | Employer controverts necessity and points to other opinions. | Surgery deemed medically necessary and work-related. |
| PTD attribution to the accident | PTD caused by the 2004 accident; preexisting disabilities do not negate it. | PTD should be attributable only to the accident without misattributing others’ factors. | PTD wholly attributable to the 2004 accident. |
| Past medical expenses of Dr. Park's surgery | Claimant incurred $71,064.63; employer refused care but is liable for reasonable expenses. | Employer argues improper charges; seeks credits for write-offs or health-plan reimbursements. | Employer liable for the stated past medical expenses; no credits awarded. |
| Temporary total disability (TTD) award | TTD period supported by medical conditions and treatment. | Challenge to duration/causation of TTD. | TTD award affirmed. |
Key Cases Cited
- Lacy v. Federal Mogul, 278 S.W.3d 691 (Mo.App.2009) (review deference to Commission on medical causation and evidence.)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo.banc 2003) (rare-case weight of evidence standard.)
- Aldridge v. Southern Missouri Gas Co., 131 S.W.3d 876 (Mo.App.2004) (weighing of conflicting medical opinions.)
- Kelley v. Banta & Stude Const. Co., 1 S.W.3d 43 (Mo.App.1999) (credibility determinations within Commission's province.)
- Farmer-Cummings v. Personnel Pool of Platte County, 110 S.W.3d 818 (Mo.2003) (burden for credits and write-offs regarding medical expenses.)
- Ellis v. Missouri State Treasurer, 302 S.W.3d 217 (Mo.App.2009) (ERISA-like reimbursement considerations for employer-provided plans.)
- Kerns v. Midwest Conveyor, 126 S.W.3d 445 (Mo.App.2004) (SIF liability considerations with preexisting disability.)