Petrovich v. Orscheln Bros. Truck Lines, Inc., WD 31074.

• Decision Date: 03 November 1980
• Docket Number: No. WD 31074.,WD 31074.
• Citation: 607 S.W.2d 832
• Parties: Patrick PETROVICH, Appellant, v. ORSCHELN BROTHERS TRUCK LINES, INC., and Insurance Company of North America, Respondents.
• Court: Missouri Court of Appeals

607 S.W.2d 832

Patrick PETROVICH, Appellant, v. ORSCHELN BROTHERS TRUCK LINES, INC., and Insurance Company of North America, Respondents.

No. WD 31074.

Missouri Court of Appeals, Western District.

November 3, 1980.

Walter K. Disney, Kansas City, for appellant.

Robert A. Bailey, Jackson & Sherman, P. C., Kansas City, for respondents.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.

TURNAGE, Presiding Judge.

Patrick Petrovich filed a Workmen's Compensation claim for injuries allegedly received while performing his duties with Orscheln Brothers Truck Lines. The referee found Petrovich suffered temporary total disability and permanent partial disability and made an award. The referee refused to award medical expenses claimed by Petrovich to have been expended by him for the treatment of such injuries. The insurer of Orscheln appealed the disability finding and Petrovich appealed the refusal to award medical expenses. The Labor and Industrial Relations Commission made findings of fact and concluded Petrovich was not entitled to any compensation. On appeal the circuit court affirmed the Commission.

On this appeal Petrovich contends he should have been awarded compensation in accordance with the award made by the referee and should be allowed the medical expenses expended by him. Affirmed.

There is no dispute that Petrovich fell while in the course of his employment. He landed on his elbow and knee and there is no real dispute that the injury to these parts was minor and cleared up with a minimum of medical expense, which was paid. The dispute in this case concerns the claim by Petrovich that the fall aggravated a pre-existing condition in his neck and back which necessitated extensive treatment and an operation. The medical evidence on behalf of Petrovich came from Dr. Hunt, who performed the operation and who stated that prior to the fall Petrovich had a compression of the nerve root in his spinal column which resulted from a smaller than normal spinal canal, together with spurring of the spinal column. Dr. Hunt stated that according to Petrovich he had not had any complaints related to this condition prior to the fall but that after the fall he suffered extensive pain and discomfort. Dr. Hunt expressed the opinion that if Petrovich had, in fact, been asymptomatic prior to his fall, then in his opinion the fall did cause the back to become symptomatic with pain, discomfort and disability.

Dr. Lichtor examined Petrovich on behalf of the insurer after the surgery of Dr. Hunt. He had available to him all of Petrovich's medical records. Dr. Lichtor testified that the history and present complaints given him by Petrovich and an examination of the x-rays which he took, together with the physical findings which he made, led him to conclude that the difficulties experienced by Petrovich were caused by a degenerative process in his spinal column which produced the neck, upper and lower back pain and disability. Dr. Lichtor stated in his opinion the fall did not produce any permanent...