Bell v. General Motors Assembly Div.
| Decision Date | 01 December 1987 |
| Docket Number | No. 52524,52524 |
| Parties | Vernon BELL, Claimant/Appellant, v. GENERAL MOTORS ASSEMBLY DIVISION, Respondent. |
| Court | Missouri Court of Appeals |
Harry James Nichols, St. Louis, for claimant/appellant.
Daniel J. Harlan, St. Louis, for respondent.
The employee (Bell) appeals from a decision by the Missouri Labor and Industrial Relations Commission (Commission) in favor of Bell and against employer (General Motors Assembly Division). The Commission, none dissenting, awarded Bell twenty percent permanent partial disability, thus modifying the award of the Administrative Law Judge (ALJ) who had determined that Bell sustained seventy-five percent permanent partial disability. The Circuit Court of the City of Saint Louis affirmed the Commission's award. The sole issue on appeal is whether the decision of the circuit court affirming the Commission's award is supported by competent and substantial evidence. We affirm the judgment of the circuit court.
The evidence reveals that in March 1974 Bell was employed by General Motors Assembly Division and that on about March 30, 1974, Bell sustained an injury in the course of his employment. Bell was pushing a vehicle when he experienced pain in his back.
At the hearing before the ALJ in 1983, voluminous medical evidence and testimony was presented; Bell consulted numerous physicians and was hospitalized on several occasions. Briefly summarized, the following was offered into evidence: Dr. Murphy, a treating physician relied upon by Bell, stated Bell had sustained twenty percent permanent partial disability attributable to the March 1974 accident. Records from Saint Elizabeth's Hospital showed Dr. Lehr, also a treating physician, had written, "[N]o injury noted; chronic lumbar sprain, possible herniated disc, however, clinically, I cannot find this." Saint Elizabeth's records indicated as well that Dr. Meirink, after a consultation with Bell, had diagnosed chronic lumbar sprain and ruled out herniated nucleous pulposus. Additionally, the hospital records showed a completely normal myelogram. General Motors Assembly Division introduced the deposition of Dr. Rosenbaum, who had examined Bell in November 1979 and January 1983. Dr. Rosenbaum found no evidence of a herniated disc. He concluded by stating there appeared to be no medical reason why Bell could not engage in his occupation if he so desired, and that Bell suffered from absolutely no disability.
The ALJ determined that Bell sustained permanent partial disability of seventy-five percent. The Commission then modified the ALJ's award by reducing the amount to twenty percent permanent partial disability. On appeal, the function...
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