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Baird v. Ozarks Coca-Cola/Dr. Pepper Bottling Company9/9/2003
Opinion Vote: AFFIRMED.
Shrum, J., and Rahmeyer, C.J., concur
Opinion:
Ozarks Coca-Cola/Dr. Pepper Bottling Co. (employer) appeals a workers' compensation award by the Labor and Industrial Relations Commission (the commission) to William S. Baird (claimant). Employer contends the award was not supported by competent or substantial evidence. This court affirms.
An award by the commission will be reversed on appeal only if there is no substantial evidence to support the award or the award is clearly contrary to the overwhelming weight of the evidence. Wilmeth v. TMI, Inc., 26 S.W.3d 476, 478 (Mo.App. 2000). An appellate court views the evidence and all reasonable inferences therefrom in the light most favorable to the commission's award. Id. Deference is given to the commission on issues of witness credibility, evidentiary conflicts, weight of evidence and factual inferences. Lorenz v. Sweetheart Cup Co., Inc., 60 S.W.3d 677, 679 (Mo.App. 2001).
Gaston v. Steadley Co., 69 S.W.3d 158, 159 (Mo.App. 2002).
Claimant worked for employer from 1984 through June 1997. In November 1993, claimant sustained an injury to his lower back as a result of, and during the course of, his employment. Dr. C.C. Whitlock performed a laminectomy and discectomy at the L4-L5 level in 1994. Following the surgery, claimant was released to follow up with conservative care under the supervision of Dr. Terry Winkler. He was released to return to work in October 1994. Claimant continued to experience pain in his low back and leg. He obtained additional treatment from Dr. Winkler. Claimant received three bilateral SI joint injections in 1995 that provided relief. He also received prescription medication for sleeping. Claimant settled a workers' compensation claim with employer in 1996 for the 1993 injury.
In February 1997, claimant complained to employer of back pain experienced in the course of his work. He was examined by employer's physician who reported no finding of any new injury . Claimant returned to Dr. Winkler with complaints of pain in his lower back, buttocks and left leg. In March 1997, a MRI scan was performed. Dr. Winkler concluded that the MRI revealed a change in the L5-S1 on the left side. His opinion was that claimant re-injured his back in early 1997.
Claimant filed a claim for compensation in October 1999. He initially alleged his injury was caused by repetitive stress trauma from lifting 50-pound bags of product. He later amended the claim to allege his injury occurred when he lifted a 50-pound bag during the course of his work during January 1997.
Following a hearing, an administrative law judge found that claimant sustained permanent partial disability to 45 percent of the body as a whole as a result of the January 1997 accident. A cash award was entered and the determination made that claimant could receive future medical care for those injuries related to the January 1997 accident. Liability was assessed against employer. The administrative law judge found no medical evidence that the 1993 injury combined with the 1997 injury to cause additional permanent disability. Following appeals by claimant and employer, the commission affirmed the award of the administrative law judge. The commission adopted the award and decision of the administrative law judge.
Employer's first point on appeal asserts that the commission erred in awarding compensation benefits to claimant because there was not competent and substantial evidence to support the award; that claimant failed to prove he sustained a new back injury in 1997. Employer argues that the evidence adduced was that the cause of the disability c
Page 1 2 3 Missouri Personal Injury Attorneys
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