Schoen v. Mid-Missouri Mental Health Ctr.

• Decision Date: 14 April 2020
• Docket Number: No. SC 98168,SC 98168
• Parties: Lucille SCHOEN, Appellant, v. MID-MISSOURI MENTAL HEALTH CENTER, and Treasurer of the State of Missouri – Custodian of the Second Injury Fund, Respondents.
• Court: Missouri Supreme Court

597 S.W.3d 657

Lucille SCHOEN, Appellant,

v.MID-MISSOURI MENTAL HEALTH CENTER, and Treasurer of the State of Missouri – Custodian of the Second Injury Fund, Respondents.

No. SC 98168

Supreme Court of Missouri, en banc.

Opinion issued April 14, 2020

Schoen was represented by Truman E. Allen of Allen, Nelson & Wilson in Columbia, (573) 441-2667.

The mental health center was represented by Eric Donar of the attorney general’s office in Jefferson City, (573) 751-3321; and the fund was represented by Maureen T. Shine of the attorney general’s office in Kansas City, (573) 751-3321.

George W. Draper III, Chief Justice

Lucille Schoen (hereinafter, "Employee") appeals from the Labor and Industrial Relations Commission’s (hereinafter, "the Commission") decision denying her workers’ compensation benefits because she failed to prove her work injury was the prevailing or primary factor causing any permanent disability. Employee also claims the Commission’s finding denying her claim against the Second Injury Fund (hereinafter, "Fund") as moot was erroneous. Employee asserts the Commission misapplied the law and its award was contrary to the evidence presented. The Commission’s decision is affirmed.¹

Procedural and Factual Background

On May 8, 2009, Employee was exposed to cypermethrin, an insecticide, while working as a charge nurse at Mid-Missouri Mental Health Center (hereinafter, "Employer"). Employee complained of throat and eye irritation; she also began coughing and wheezing. Employer sent her to the emergency room on May 11, 2009. Employee was prescribed medication and returned to work without any limitations.

Employee continued to complain, and Employer sent her to Dr. Eddie Runde (hereinafter, "Dr. Runde") for further evaluation. While at Dr. Runde’s office, another patient had a dog in the office. Employee was being escorted for pulmonary function testing when the dog got loose. Dr. Runde attempted to divert the dog from Employee’s path, but he accidently tripped Employee. Employee fell and claimed she sustained permanent injuries to her knees

, lower back, hip, and neck.

After falling, Dr. Runde completed Employee’s evaluation and released her to regular work duty without restrictions. Dr. Runde also opined he expected no permanent disability due to Employee’s exposure to cypermethrin.

On June 10, 2009, Employee was evaluated by Dr. Lawrence Lampton (hereinafter, "Dr. Lampton") for her respiratory symptoms. Dr. Lampton concluded Employee’s respiration issues were likely related to allergies or possibly asthma

. Following a pulmonary functions test, Dr. Lampton determined Employee was within normal limits.

Employer requested Employee obtain an independent medical examination by Dr. Thomas Hyers (hereinafter, "Dr. Hyers"). Dr. Hyers assessed Employee had transient bronchitis

and upper airway irritation. He opined these conditions were not chronic or permanent. Dr. Hyers also assured Employee she would not develop chronic asthma as a result of her cypermethrin exposure. Dr. Hyers placed Employee at maximum medical improvement and assessed no permanent disability.

Employee underwent additional treatment due to her alleged injuries sustained after being tripped accidently in Dr. Runde’s office.² Employee requested Dr. David T. Volarich (hereinafter, "Dr. Volarich") evaluate her. Dr. Volarich took Employee’s history, reviewed her medical records, and performed a physical evaluation. Dr. Volarich diagnosed Employee with upper airway and pulmonary irritation with a residual non-productive cough

. He determined based upon the cypermethrin exposure, Employee had a five percent permanent partial disability rating of the body as a whole. Dr. Volarich provided additional diagnoses and ratings connected to her accidental tripping at Dr. Runde’s office.

Employee sought workers’ compensation benefits for her exposure to cypermethrin. Employee then filed an amended claim for workers’ compensation, asserting, in addition to cypermethrin exposure, Employee sustained injuries from being tripped while walking out of Dr. Runde’s office after an examination.

An administrative law judge (hereinafter, "ALJ") awarded Employee benefits for her exposure to cypermethrin and her injuries from being tripped accidently at Dr. Runde’s office because it was the "natural and probable consequence of" the cypermethrin exposure. Employer appealed this decision to the Commission.

The Commission reversed the ALJ’s decision and award. The Commission found Employee failed to meet her burden of proving her cypermethrin exposure was the prevailing or primary factor in causing any alleged injury from being tripped accidently at Dr. Runde’s office. Employee appeals the Commission’s decision regarding the denial of benefits for injuries arising from being tripped accidentally.

Standard of Review

"This Court may modify, reverse, remand, or set aside the Commission’s decision only when: (1) the Commission acted ultra vires ; (2) the decision was procured fraudulently; (3) the facts found by the Commission do not support the award; (4) there was not sufficient competent evidence to support the award." Mantia v. Mo. Dep't of Transp. , 529 S.W.3d 804, 808 (Mo. banc 2017) ; section 287.495.1.³ The whole record must be examined to determine whether there is sufficient and competent evidence to support the Commission’s decision. Hampton v. Big Boy Steel Erection , 121 S.W.3d 220, 222-23 (Mo. banc 2003). Questions of law are reviewed de novo. Cosby v. Treasurer of State , 579 S.W.3d 202, 206 (Mo. banc 2019).

Analysis

Employee challenges the Commission’s denial of compensation benefits for injuries she sustained after being tripped accidently at Dr. Runde’s office.⁴ Employee believes she presented sufficient causation demonstrating any injury from being accidently tripped arose from her employment. Employee also contests the Commission’s denial of Fund compensation as moot.

Missouri’s Workers’ Compensation Law (hereinafter, "the Act") provides an injury "by accident is compensable only if the accident was the prevailing factor in causing both the medical condition and disability." Section 287.020.3(1). An injury must arise "out of and in the course of employment." Id.

An injury shall be deemed to arise out of and in the course of employment only if:

(a) It is reasonably apparent, upon consideration of all the circumstances, that the accident is the prevailing factor in causing the injury; and

(b) It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life.

Section 287.020.3(2)(a)-(b). A claimant has the burden of demonstrating a causal connection between the injury and the work activity. Johme v. St. John’s Mercy Healthcare , 366 S.W.3d 504, 509-10 (Mo. banc 2012).

Employee argues her accidental tripping injuries were the "natural and legitimate consequent" of her cypermethrin exposure. Employee claims this Court should implement a broader application of the natural consequences doctrine to allow her to recover workers’ compensation benefits for her alleged injuries following her accidental tripping.

However, Employee fails to acknowledge the Act’s 2005 amendment, which provided the Act’s "provisions are to be construed strictly and to require the evidence to be weighed impartially without giving any party the benefit of the doubt." Miller v. Mo. Highway & Transp. Comm'n , 287 S.W.3d 671,...