T.H. v. Sonic Drive In of High Ridge
388 S.W.3d 585
| Mo. Ct. App. | 2012Background
- Claimant, employed by Sonic Drive In of High Ridge, filed a workers’ compensation claim alleging a body-as-a-whole and psychiatric injury from being assaulted and raped at work on November 15, 2006.
- Employer’s answer to the claim was untimely, resulting in admissions of factual allegations but not legal conclusions.
- ALJ found a permanent partial disability of 45% (180 weeks) for PTSD and depressive disorder and awarded compensation at the maximum rate under section 287.190.5(5) due to untimely answer.
- Commission modified the rate, holding Claimant’s average weekly wage was not proven and the applicable rate was the minimum $40 per week.
- Claimant cross-appealed, arguing the maximum rate ($376.55/week) applies; the ALJ’s rate was based on maximum rate, while the Commission found otherwise.
- On appeal, the court affirmed the disability award but reversed and remanded the rate issue to enter an award at $376.55 per week.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rate of compensation for permanent partial disability | Claimant sought maximum rate; untimely answer admitted max rate. | Employer argues rate is minimum because wage evidence not proven; legal conclusion of max rate not admitted. | Cross-appeal granted; max rate applied on remand. |
| Sufficiency of evidence for psychiatric award | Claimant proved accidental rape caused PTSD/depression; medical causation. | Defendant contested causation and disability percentage. | There was sufficient competent evidence to support the award. |
| Admission of assailant’s criminal record | Record admissible to show credibility/issue of rape. | Record sought for impeachment; potential prejudice. | Admission not outcome-determinative; no reversible prejudice. |
Key Cases Cited
- Bond v. Site Line Surveying, 322 S.W.3d 165 (Mo. App. W.D.2010) (deference to Commission on credibility; standard of review for weight of medical testimony)
- Reynolds-Byers v. Blue Cross and Blue Shield of Missouri, 290 S.W.3d 781 (Mo. App. S.D.2009) (defer to Commission on credibility and conflicting evidence)
- Aldridge v. Southern Missouri Gas Co., 131 S.W.3d 876 (Mo. App. S.D.2004) (wage rate is a fact question; max rate admitted when untimely answer)
- Endicott v. Display Technologies, Inc., 77 S.W.3d 612 (Mo. banc 2002) (de novo review of legal questions; standard for appeal)
- Poole v. City of St. Louis, 328 S.W.3d 277 (Mo. App. E.D.2010) (review of ALJ decision when Commission adopts)
- Sullivan v. Masters Jackson Paving Co., 35 S.W.3d 879 (Mo. App. S.D.2001) (minimum wage rate statutory baseline for certain injuries)