Dillon v. General Motors

Decision Date27 February 1990
Docket NumberNo. 57289,57289
Citation784 S.W.2d 915
PartiesMarva DILLON, Appellant, v. GENERAL MOTORS, Respondent.
CourtMissouri Court of Appeals

Brown and Crouppen, Ronald A. Caimi, St. Louis, for appellant.

William Roussin, Harlan and Harlan, Daniel J. Harlan, St. Louis, for respondent.

SIMON, Chief Judge.

Employee, Marva Dillon, appeals from an order of the Labor and Industrial Relations Commission (Commission) in favor of her employer, General Motors Corporation, denying her compensation. On appeal, Employee contends that the Commission erred in finding that her injury arose from a personal quarrel, where the evidence clearly demonstrated Employee to have been "an innocent victim" of her co-worker's irrational acts.

On August 30, 1985, Employee was working on the assembly line at the General Motors Corporation plant in Wentzville, Missouri. General Motors Corporation operates under the provisions of the Missouri Workers' Compensation Law. The assembly line stopped in the afternoon. Employee and two co-workers, Jeannie Stone and Calvin Eutz, began engaging in conversation. Jeannie Stone attempted to involve another co-worker, Jeff Collins, into the conversation by calling him a "grunt." Jeff Collins said something to Employee, which she did not hear. Employee asked him to repeat his comment, whereupon he stated that Employee had heard him. Jeff Collins then brushed Employee's hair with his hand. Employee asked him "not to put his hands on my hair, told him to keep his hands off me period." Employee then said something about Jeff Collins being "anti-social" and turned to return to her work station. Thereupon, Jeff Collins kicked Employee in her lower back area.

Employee filed a claim for compensation. At the hearing on this matter, the Administrative Law Judge (ALJ) denied compensation stating that the injury arose out of a personal quarrel and was not in the course and scope of employment. The Commission upheld the ALJ's order, finding it supported by competent and substantial evidence.

Appellate review of a workers' compensation case is limited to reviewing the decision of the Commission, rather than that of the ALJ. Richardson v. Falcon Products, Inc., 739 S.W.2d 596, 597 (Mo.App.1987). The Commission's decision will be affirmed if, upon review of the entire record, it is supported by competent and substantial evidence. Sellers v. Trans World Airlines, Inc., 776 S.W.2d 502, 504[1, 2] (Mo.App.1989). To that end, all evidence and inferences therefrom shall be viewed in the light most favorable to the decision. Id. Conflicts in the evidence are for the Commission to resolve, and we shall disregard any evidence which may support a different conclusion from that reached by the Commission. Hutchinson v. Tri-State Motor Transit Co., 721 S.W.2d 158, 161[1, 2] (Mo.App.1986). We defer to the Commission's determination of witness credibility, who may disbelieve the testimony of a witness even if no contradictory or impeaching evidence appears. Id. at 161-2[1, 2]. The decision will be reversed only if there is no competent and...

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11 cases
  • Hampton v. Big Boy Steel Erection
    • United States
    • Missouri Supreme Court
    • December 9, 2003
    ...Auto Transit, 789 S.W.2d 233 (Mo.App. 1990); Johnson v. Terre Du Lac, Inc., 788 S.W.2d 782 (Mo.App.1990); Dillon v. General Motors, 784 S.W.2d 915 (Mo.App. 1990); Stone on Behalf of Stone v. Heisten, 777 S.W.2d 664 (Mo.App.1989); Sellers v. Trans World Airlines, Inc., 776 S.W.2d 502 (Mo.App......
  • Flowers v. City of Campbell
    • United States
    • Missouri Court of Appeals
    • August 31, 2012
    ...and Equipment Co., 747 S.W.2d 228, 229 (Mo.App.1988); Johnson v. Nanias, 738 S.W.2d 164, 165 (Mo.App.1987); Dillon v. General Motors, 784 S.W.2d 915, 917 (Mo.App.1990); Scheper v. Hair Repair, Ltd., 825 S.W.2d 1, 3–4 (Mo.App.1992); Thompson v. Delmar Gardens of Chesterfield, Inc., 885 S.W.2......
  • Williams v. City of Ava, 22201
    • United States
    • Missouri Court of Appeals
    • December 30, 1998
    ...936 S.W.2d 244, 248 (Mo.App. S.D.1996); Johnson v. City of Kirksville, 855 S.W.2d 396, 398 (Mo.App. W.D.1993); Dillon v. General Motors, 784 S.W.2d 915, 916 (Mo.App. E.D.1990). Employee argues, however, that even though the Commission may disbelieve uncontradicted testimony, it may not arbi......
  • Meek v. Pizza Inn
    • United States
    • Missouri Court of Appeals
    • April 4, 1995
    ...Industrial Relations Commission rather than that of the administrative law judge in Workers' Compensation cases. 2 Dillon v. General Motors, 784 S.W.2d 915, 916 (Mo.App.1990). Section 287.495 sets forth the standard of review in Workers' Compensation cases. Story v. Southern Roofing Co., 87......
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