Doria v. Chemetron Corp.

• Court: Missouri Court of Appeals
• Writing for the Court: GREENE; CROW, C.J., and PREWITT
• Citation: Doria v. Chemetron Corp., 784 S.W.2d 323 (Mo. App. 1990)
• Decision Date: 17 January 1990
• Docket Number: No. 16390,16390
• Parties: Anthony T. DORIA, Claimant-Appellant, v. CHEMETRON CORPORATION, Employer-Respondent.

Page 323

784 S.W.2d 323

Anthony T. DORIA, Claimant-Appellant, v. CHEMETRON CORPORATION, Employer-Respondent.

No. 16390.

Missouri Court of Appeals,

Southern District,

Division One.

Jan. 17, 1990.

Motion for Rehearing or to Transfer to

Supreme Court Denied

Feb. 6, 1990.

Application to Transfer Denied March 13, 1990.

Bruce K. Kirby, Schmidt, Kirby & Sullivan, P.C., Springfield, for claimant-appellant.

William W. Francis, Jr., Joyner, Placzek & Francis, Springfield, for employer-respondent.

GREENE, Judge.

Anthony T. Doria appeals from a final award issued by the Labor and Industrial Relations Commission of Missouri (commission) finding, among other things not relevant here because not appealed from, that he was injured in an on-the-job accident that occurred on January 7, 1985; that his right foot was severely injured in the accident, and that the accident aggravated a pre-existing back condition, all of which entitled him, in addition to medical expenses, to an award of 30 percent permanent partial disability, which calculated to 120 weeks' compensation at the rate of $143.19 a week.

On appeal, Doria contends that the facts and medical testimony supported an award of permanent total disability, so that the award of the lesser disability status was error. We affirm.

Doria was an employee of the Chemetron Corporation. On January 7, 1985, Doria, in the course of his employment, was standing on a stack of steel rails that were loaded on a railroad car that was parked on Chemetron's premises in Springfield, Missouri. Doria was attempting to throw a metal rail guide shoe from the railroad car to the ground. A bolt protruding from the shoe caught in Doria's clothing, and the momentum and weight of the shoe caused Doria to fall from the railroad car. As a result of the fall, the metal shoe fell on his right foot, causing substantial injury. The fall also aggravated Doria's pre-existing back condition, known as spondylolisthesis. Dr. Hugh Harris diagnosed Doria's injuries as a fractured dislocation of the mid tarsal joints of Doria's right foot and an aggravation of a "long-standing" back condition, and treated Doria for the foot injury. The last time Dr. Harris saw Doria was November 8, 1985, at which time he certified Doria as being able to return to work.

After Doria's treatment was terminated by Dr. Harris, Doria contacted a number of doctors, including Drs. Folck, Vidoloff, Marston, Bloom and LaVelle for treatment of and/or diagnosis of his injuries.

On June 16, 1986, Doria filed a claim for compensation claiming permanent injury to his back, foot and ankle. Following the filing of the company's answer, a hearing was held before an administrative law judge for the commission. After hearing testimony from the employee and others, including Drs. Harris, Folck, LaVelle, Marston, and Vidoloff, the administrative law judge found that Doria suffered 30 percent permanent partial disability to the body as a whole, and awarded him, in addition to medical expenses not relevant here, compensation for 120 weeks at the rate of $143.19, totaling $17,182.80. In his application for review filed with the commission, Doria contended, among other things not...