Shelby Patterson v. Central Freight Lines, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund
2015 Mo. App. LEXIS 41
| Mo. Ct. App. | 2015Background
- Patterson sustained a lumbar work injury in Nov 2008 as a truck driver for Central Freight Lines.
- He underwent L3-4 decompressive laminectomy and discectomy in Mar 2009 and reached MMI in Jan 2010.
- He developed depression and functional limitations post-injury, treated by psychiatrists starting Aug 2009.
- ALJ and Commission found Patterson had pre-existing psychiatric and lumbar PPDs and work-injury PPDs.
- The Commission held Patterson was permanently totally disabled (PTD) under §287.220.2 due to the combination of work-injury and pre-existing PPDs, making the Second Injury Fund liable.
- Treasurer (as custodian) appeals alleging legal error in reliance on causation by combining conditions without physician certification and insufficient evidence to support PTD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PTD causation for Fund liability requires physician-certified causation. | Patterson’s PTD supported by combined causation, per Stillings; certified PPD/PTD. | Fund liability requires physician-certified causation for the combination. | No; causation may be determined from expert opinions across specialties; certification of whole combination not required. |
| Whether the Commission properly weighed expert evidence to find pre-existing psychiatric PPD at 30%. | Commission properly gave Stillings’s psychiatric pre-existing PPD significant weight. | The weight of the evidence does not support using pre-existing psychiatric PPD at 30% as decisive. | Yes; substantial evidence supports the 30% pre-existing psychiatric PPD and the PTD finding. |
| Whether the Commission erred by substituting lay conclusions for medical causation. | The Commission synthesized expert testimony to determine causation. | The Commission cannot rely on lay opinion for causation. | No; the Commission can assess and weigh expert testimony to determine causation. |
Key Cases Cited
- Blackshear v. Adecco, 420 S.W.3d 678 (Mo. App. E.D. 2014) (allowing consideration of partial expert opinions to reach PTD when multiple specialties address conditions broadly)
- Angus v. Second Injury Fund, 328 S.W.3d 294 (Mo. App. W.D. 2010) (reversal when Commission ignores uncontradicted expert causation evidence)
- Wright v. Sports Associated, Inc., 887 S.W.2d 596 (Mo. 1994) (reversal when award not supported by sufficient competent evidence)
- Abt v. Mississippi Lime Co., 388 S.W.3d 571 (Mo. App. E.D. 2012) (regarding expert causation allocation among competing theories)
- Landers v. Chrysler Corp., 963 S.W.2d 275 (Mo. App. E.D. 1997) (discusses weight of expert testimony in medical causation)