Barnes v. State Dept. of Public Health and Welfare, 22852

• Decision Date: 12 January 1959
• Docket Number: No. 22852,22852
• Citation: 320 S.W.2d 88
• Parties: Charles Ralph BARNES, Respondent, v. STATE DEPARTMENT OF PUBLIC HEALTH AND WELFARE, Appellant.
• Court: Missouri Court of Appeals

Page 88

320 S.W.2d 88

Charles Ralph BARNES, Respondent, v. STATE DEPARTMENT OF PUBLIC HEALTH AND WELFARE, Appellant.

No. 22852.

Kansas City Court of Appeals, Missouri.

Jan. 12, 1959.

John M. Dalton, J. Burleigh Arnold, Jefferson City, for appellant.

Robert L. Ross, Albany, for respondent.

SPERRY, Commissioner.

Ralph R. Barnes, hereafter referred to as plaintiff, applied for and received aid to dependent children benefits from the State between October, 1954, and April 10, 1957, when he was removed from the rolls by order of the Director of Public Health and Welfare. Claimant appealed and a hearing was had on July 25, 1957, before a referee. Thereafter, the Director of the Department of Public Health and Welfare determined plaintiff to be ineligible for aid to dependent children. Claimant appealed to the Circuit Court and the cause was reversed and remanded to the Director of Public Health and Welfare for redetermination. The Department, which will be referred to herein as defendant, has appealed.

The transcript of the hearing before defendant discloses that plaintiff's age, on the date of the hearing, July 25, 1957, was 47; that he lived in a farm house with his wife and ten children, the eldest being eleven; that, in 1954, he had been approved by defendant for aid to dependent children but, on April 10, 1957, he was removed from the rolls by defendant for the stated reason that he was not so physically disabled as to be eligible to receive aid. The record also discloses that plaintiff was, at the time of the hearing, confined to the United States Veterans Hospital; that he had not been gainfully employed for three or four years; that the couple owned no real estate; that they owned some household goods and a 1946 automobile; that he receives compensation from the veteran's administration in the sum of $17 per month; and that Gentry County had provided the family with several orders of groceries, beginning May 1, 1957, and totaling more than $87.

Mrs. Barnes testified to the effect that plaintiff had done no labor for three years; that he had only an 8th grade education and had never done any work except farm labor for others; that she had an 8th grade education and had never worked outside of the home; that plaintiff required special food, could eat nothing fried, no starches, ate toasted bread, soups and boiled meat; that he had 'sinking spells,' would 'throw up,' 'pass out'; that he had such an experience two weeks prior to the hearing and had them every day for a week; that he was almost unconscious, scarcely knew the doctor; that she could not detect his pulse; that such illness came on him when he had done hard work or lifting of any kind, such as carrying water one-fourth mile for the family; that he had been like that for two or three years and the spells grew more frequent; that he has running sores on his toes and feet, due to diabetes; that he frequently vomits, and his chest pains him at night, requiring the attention of witness; that he suffers from headaches. On cross examination she stated that Dr. Pray, (D. O.) had been treating him for 'his heart and ulcers.'

Dr. Matteson, (M.D.) testified to the effect that he first examined plaintiff three years before and X-rayed the chest; that, from that examination, he believed that plaintiff had chronic bronchitis and some pulmonary emphysema; that he was not then able to do heavy farm work; that he had again examined him on April 30th, 1957, and found plaintiff's condition to be essentially the same as it had previously been; that he was wholly unable to do work involving exertion or inhalation of dust; that he saw no prospect of improvement. On cross examination he stated that he had seen plaintiff professionally between said dates; that witness disagrees with a report from a clinic where plaintiff was sent by defendant for examination; that the clinic people only saw him once; that plaintiff's true condition would not be shown by 'bronchoscope'; that he cannot work at heavy labor because he cannot get enough air in his lungs; and that dust would cause his condition to worsen.

Dr. Pray testified to the effect that he treated plaintiff two weeks before hearing, for a heart attack; that he recommended treatment at the United States Veterans Hospital, where he later was admitted; that an injury to his hand had failed to heal because of diabetes; that an injured finger may have to be amputated for that reason; that he had treated plaintiff off and on for years; that he suffers from angina pectoris, diabetes, and duodenal ulcers; that he is wholly unable to do manual labor; that he weighs 123 pounds, is five feet seven inches tall, very poorly nourished because he cannot eat.

Mrs. Redman, a case worker for the Department, testified that she had the Department files on plaintiff's case; that the Department sent him to a clinic for examination; that a written report of that examination is in the files. A document, referred to in the hearing as 'this report, dated September 17, 1956, signed by William H. Ames, M. D.' was offered in evidence. Plaintiff objected to its reception because no person had testified as to its identity or mode of preparation, or that it was made in the regular course of business of the clinic. The objection was overruled. Another 'report' of the clinic, dated November 15, 1956, was received in evidence over objection. It was shown that both reports were a part of the 'case record' and had both been received through the mail.

This witness further stated that such medical material, together with a social information summary, was sent to the medical review team for review; that the medical review team requested further medical examination...