Whiteley v. CITY OF POPLAR BLUFF
2011 Mo. App. LEXIS 1329
| Mo. Ct. App. | 2011Background
- Whiteley, chief of police for the City of Poplar Bluff, sustained a neck injury in 2006 while cleaning his patrol car windshield.
- The injury occurred when he leaned into the car from outside, causing an acute cervical strain with preexisting degenerative changes believed to exist but not symptomatic before 2006.
- City denied the claim initially and directed Whiteley to use his own insurance; Whiteley sought workers' compensation including SIF claims.
- Medical opinions conflicted: Dr. Cantrell (city) concluded the 2006 accident was not the prevailing factor; Dr. Musich (Whiteley) supported causation.
- ALJ denied causation; Commission reversed, finding the 2006 accident prevailing in causing Whiteley’s cervical condition, with past medical expenses and PPD awarded.
- Final award by Commission: past medical expenses of $5,740.67, 7.5% PPD (body as a whole, cervical spine), and attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the accident arose out of employment | Whiteley: job-related windshield cleaning is integral to duty. | City: no work-integral activity; risk not employment-related. | Yes; activity tied to job; injury arose in course of employment. |
| Whether pre-existing neck conditions defeat causation | Pre-existing conditions did not symptomaticly preexist to exclude causation. | Pre-existing degenerative disease could negate work-related causation. | Pre-existing neck condition not symptomatic; not preclusive; causation supported. |
| Whether past medical expenses were medically necessary and causally related | Treatments were necessary to address the cervical injury from the accident. | Some injections were not causally related or necessary. | Yes; overwhelming evidence supports medical necessity and causation. |
| Whether the 2002 whiplash/thoracic injury impacts current cervical claim | Prior thoracic injury does not negate cervical causation from 2006. | Prior injuries should bar or diminish current cervical claim. | Not controlling; prior thoracic injury does not defeat 2006 cervical causation. |
Key Cases Cited
- Pile v. Lake Regional Health System, 321 S.W.3d 463 (Mo.App. S.D. 2010) (two-step analysis for 287.020.3(2))
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (standard for review of Commission awards)
- Fitzwater v. Dept. of Public Safety, 198 S.W.3d 623 (Mo.App. W.D. 2006) (credibility and weight of evidence deferential to Commission)
- Sell v. Ozarks Med. Ctr., 333 S.W.3d 498 (Mo.App. S.D. 2011) (credibility and weight on factual findings)
- 8000 Maryland, LLC v. Huntleigh Fin. Services Inc., 292 S.W.3d 439 (Mo.App. E.D. 2009) (abuses of procedure and evidence standards applicable)