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In re Hughey12/19/2000
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED. Ahrens, P.J. and J. Dowd, J., concur.
Opinion:
In this workers' compensation action, employer, Chrysler Corporation, appeals from a decision of the Labor and Industrial Relations Commission (Commission) awarding claimant, Richard Hughey, permanent total disability benefits and a decision that the Second Injury Fund has no liability. We affirm.
In 1984, claimant began working on employer's assembly line. On April 7, 1994, claimant was working on the assembly line installing power steering brackets. That day claimant stepped down from a storage rack while carrying a box of brackets and felt a "pop" in his lower back. Claimant reported the injury to employer's medical department. Claimant's pain became progressively worse during the ten days after the injury and he has not worked since April 17, 1994. Claimant underwent back surgeries in August 1994 and October 1994. Dr. Barry Samson, one of the surgeons, would later state that claimant did not have "a good result" from the two surgeries. According to claimant, his condition has worsened since the surgeries and he suffers from constant pain. Prior to April 1994, claimant suffered from coronary artery disease and his family physician had diagnosed him with mild thoracic outlet syndrome. As a result of these conditions, claimant had certain work restrictions in April 1994, such as no lifting over fifty pounds.
Claimant filed a claim for workers' compensation benefits. Claimant, employer and the Second Injury Fund presented exhibits, including depositions, at the hearing conducted by an administrative law judge (ALJ). Claimant and his wife testified at the hearing. The ALJ found that claimant was permanently and totally disabled. The ALJ further found that the April 7, 1994 injury "in and of itself" rendered claimant permanently and totally disabled and therefore employer was liable for the benefits awarded. Accordingly, the ALJ found that the Second Injury Fund had no liability. The Commission entered a final award adopting the decision and findings of the ALJ. Employer raises two points on appeal.
This court will modify, reverse, remand or set aside an award only if the Commission acted without or in excess of its powers, the award was procured by fraud, the facts found by the Commission do not support the award or there was not sufficient competent evidence in the record to warrant the making of the award. Section 287.495.1 RSMo. Cum. Supp. 1998; Akers v. Warson Garden Apartments, 961 S.W.2d 50, 52-53 (Mo. banc 1998). When the Commission affirms or adopts the findings of an ALJ, we review the decision and findings of the ALJ as adopted by the Commission. Soos v. Mallinckrodt Chemical Co., 19 S.W.3d 683, 685 (Mo. App. E.D. 2000). We defer to the Commission on issues concerning credibility and the weight to be given conflicting evidence. Id. We review independently, however, questions of law. Cahall v. Cahall, 963 S.W.2d 368, 372 (Mo. App. E.D. 1998).
We first address employer's second point. Employer argues that the Commission misapplied section 287.220 RSMo. 1994 in refusing to hold the Second Injury Fund liable. Employer contends that the overwhelming weight of the evidence regarding claimant's coronary heart disease and thoracic outlet syndrome demonstrated that claimant had a pre-existing disability on April 7, 1994, when he injured his back. Employer further contends that the pre-existing disability constituted a hindrance or obstacle to employment and combined with the disability from the April 7, 1994 injury to create a greater disability than would have resulted from the sum of the two disabi
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