Riggs v. Daniel Intern.

• Decision Date: 16 May 1989
• Docket Number: No. WD,WD
• Parties: Larry D. RIGGS, Claimant-Appellant, v. DANIEL INTERNATIONAL and United States Fidelity and Guaranty Company, Employer and Insurer-Respondents. 41071.
• Court: Missouri Court of Appeals

Page 850

771 S.W.2d 850

Larry D. RIGGS, Claimant-Appellant, v. DANIEL INTERNATIONAL and United States Fidelity and Guaranty

Company, Employer and Insurer-Respondents.

No. WD 41071.

Missouri Court of Appeals,

Western District.

May 16, 1989.

Motion for Rehearing and/or Transfer to

Supreme Court Denied June 27, 1989.

Michael L. McDorman, Versailles, for claimant-appellant.

James K. Pool, Jefferson City, for employer and insurer-respondents.

Before TURNAGE, P.J., and CLARK and FENNER, JJ.

TURNAGE, Presiding Judge.

Larry Riggs filed a claim for Workers Compensation as a result of an injury to his finger sustained on December 10, 1980. The Administrative Law Judge made an award allowing temporary total disability for 94 weeks and for permanent partial disability. Riggs claimed temporary total disability for the period from September 19, 1984 through November 26, 1985. The ALJ found that the medical evidence did not establish entitlement for temporary total disability for that period and that the evidence did not permit the conclusion that benefits were due for that period on the employee's testimony alone.

The Labor and Industrial Relations Commission affirmed by a divided vote and Riggs has appealed the denial of his claim for temporary total disability for the period from September 19, 1984 through November 26, 1985. Reversed and remanded.

Riggs testified to the injury he sustained to his right middle finger and the extensive treatment by a number of doctors which he had received. Riggs testified that he was totally disabled from doing any work between September 19, 1984 and November 26, 1985. He conceded that he did not see any physicians during that period of time.

In March of 1984, Dr. Hart, who had treated Riggs for the pain resulting from his finger injury, wrote a report in which he stated that he believed that Riggs would be capable of returning to work within six months. On September 12, 1984, Dr. Cameron, an orthopedic physician, gave his opinion that Riggs had essentially lost the use of his right arm and was presently unable to do any type of gainful employment. On September 18, 1984, Dr. Cameron stated that Riggs had developed psychiatric problems because of his injury and that he was currently under the care of Dr. Hughes, a psychiatrist. Dr. Hughes testified by deposition that he had followed Riggs from August of 1983 to September 19, 1984. His opinion was that during the period he had followed Riggs and for the foreseeable future (deposition taken on September 19, 1984) he did not see Riggs being able to perform any useful occupation. Dr. Hughes testified that Riggs was suffering from an anxiety state secondary to chronic intractable pain. In addition, Dr. Hughes testified that Riggs' emotional impairment was indefinite and he did not see any prospect of his emotional state changing. He stated that if in the future Riggs' hand could be treated and his physical condition cleared up, then his emotional status should improve. He iterated, however, that he saw no prospect of improvement in the physical impairment.

Dr. Hughes further testified that while some cases analogous to Riggs do improve spontaneously, he did not believe that such would be the case with Riggs' condition. He stated that Riggs' condition was permanent. ¹

On November 26, 1985, Riggs saw Dr. Weeks at Barnes Hospital in St. Louis. Dr. Weeks' diagnosis was reflex sympathetic dystrophy of the right upper extremity. He stated that Riggs was unable to perform any kind of employment, and that it was indefinite when he would be able to return to work. After treatment by Dr. Weeks, Riggs was released to return to work on April 28, 1986.

On this appeal, it is the function of this court to determine whether or not the Commission's findings are supported by competent and substantial evidence and not contrary to the overwhelming weight of the evidence. Bell v. General Motors Assembly Div., 742 S.W.2d 225, 226 (Mo.App.1987). In its brief, the employer contends there was no evidence to establish Riggs was disabled between September 1984 and November 1985. It is Riggs' position that his testimony about his disability and inability to work during the period...