Messersmith v. University of MO-Columbia
| Decision Date | 15 May 2001 |
| Citation | 43 S.W.3d 829 |
| Parties | (Mo.banc 2001) Glenda Messersmith, Respondent v. University of Missouri-Columbia/Mt. Vernon Rehabilitation Center, Appellant. SC83107 0 |
| Court | Missouri Supreme Court |
Appeal From: Labor and Industrial Relations Commission
Counsel for Appellant: William Ringer
Counsel for Respondent: Rebecca J. Tatlow and Tamara F. de Wild
Opinion Summary: More than 30 days (but less than 60) after the accident, Nurse Messersmith reported that she must have hurt herself lifting a patient at work. Her employer appeals the Labor and Industrial Relations Commission workers' compensation award to her.
Court en banc holds: The Commission found that Messersmith was credible and that she suffered a work-related injury. The Commission found good cause for her reporting delay, given the initial dissipation of her symptoms and the diagnosis of her doctors. (It took some time to connect recurring left arm pain with herniated discs from a patient falling on her right side.) The evidence may not be overwhelming or uncontroverted, but it is sufficient. Thus it is not necessary to resolve the issue of prejudice to the employer.
Stith, J., not participating.
The Missouri Rehabilitation Center (operated by the University of Missouri-Columbia, hereinafter referred to as "MRC") appeals in this workers' compensation case from the final award of the Labor and Industrial Relations Commission ("Commission"), which affirmed and incorporated by reference the decision of the administrative law judge ("ALJ"). The Commission awarded Messersmith total benefits of $36,143.
MRC contends that because Messersmith failed to comply with the notice requirements of section 287.420,1 she is barred from maintaining this action. MRC alleges that the Commission erroneously found 1) that Messersmith had good cause for noncompliance with the statute and 2) that MRC was not prejudiced thereby. The final award of the Commission is affirmed.
Glenda Messersmith was employed as an LPN by the MRC. On December 25, 1996, Messersmith was assisting a stroke patient in a wheelchair who needed to go to the bathroom. While she was helping the patient, the patient fell on Messersmith's neck and right shoulder. Messersmith felt a "very sharp stabbing pain" down her left arm. The pain subsided after Messersmith placed the patient on the toilet. However, Messersmith called another LPN to assist her in placing the patient back in the wheelchair.
Several days later, Messersmith again suffered pain down her left arm, which became more severe, intense and constant over time. Three weeks after the accident, Messersmith went to her family practitioner, Dr. Pegram, for problems with her left arm. Dr. Pegram indicated that Messersmith most likely had a pulled muscle. Messersmith did not relate the details of the accident to Dr. Pegram because she did not know of any injury to her left arm muscle during the accident. After a period of conservative treatment, Dr. Pegram referred Messersmith to an orthopedic surgeon, Dr. Olive.
As of January 22, 1997, Messersmith had not missed any work days after the December 25 accident. Between January 22, 1997, and January 27, 1997, Messersmith attempted to work with her left arm in a sling as recommended by Dr. Pegram. On January 27, 1997, the last day Messersmith worked for MRC, Patti Nash, Messersmith's supervisor, informed Messersmith that she could not fulfill LPN duties with her arm in a sling. As of January 27, 1997, Messersmith had not reported any injury to MRC or completed a written accident form.
On January 30, 1997, Messersmith spoke on the phone with Nash and told her she would be undergoing physical therapy for about two weeks. Messersmith told Nash, on February 10, 1997, 47 days after the accident, that she must have hurt herself lifting or pulling a patient at work. The orthopedist took x-rays on February 14, 1997, and informed Messersmith that she had two herniated discs in her neck. On February 17, 1997, 54 days after the accident, Messersmith provided MRC with a written accident report concerning the accident. Dr. Olive performed a cervical diskectomy and fusion on April 21, 1997. Dr. Olive indicated that if Messersmith's version of the accident on December 25 is correct, "the episode is consistent with an injury that could cause a patient to herniate a cervical disc or discs and ultimately require surgery."
At the time of trial, Messersmith could not identify the patient involved in her injury, the room in which the accident occurred, or the name of the LPN that assisted her. MRC produced no evidence as to what prejudice it might have suffered had it initiated its investigation either on February 10, 1997, or February 17, 1997.
Messersmith had sustained two prior work-related injuries. On December 9, 1996, a piece of equipment fell on her foot about 1:30 p.m. By 2:30 p.m., Messersmith had reported the injury to MRC and completed an accident report form. On January 14, 1997, Messersmith injured her right index finger on a wheelchair about 9:20 a.m. By 9:30 a.m., Messersmith had reported the injury to MRC and completed an accident report form.
The Commission found that Messersmith was credible and that she suffered a work-related injury on December 25, 1996. The Commission further determined that Messersmith established good cause for failing to timely report the accident and that MRC was not prejudiced by her failure to timely report her injury.
The scope of appellate review of a worker's compensation award is established by section 287.495, which states in pertinent part:
Upon appeal no additional evidence shall be heard and, in the absence of fraud, the findings of fact made by the commission within its powers shall be conclusive and binding. The court, on appeal, shall...
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