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Higgins v. Quaker Oats Co.11/29/2005
Opinion Vote: AFFIRMED.
Ulrich, J., and Ellis, J., concur.
Opinion:
The Quaker Oats Company and Old Republic Insurance Company (together "Employer") appeal the decision of the Labor and Industrial Relations Commission (the "Commission") awarding Betty Higgins ("Employee") benefits for permanent total disability and finding no liability on the part of the Second Injury Fund. Employer alleges (1) the Commission acted in excess of its authority in hearing a "hybrid" claim comprising cumulative trauma along with two specific instances of back injury; (2) the Commission's decision is not supported by sufficient competent evidence and is against the overwhelming weight of the evidence in that the opinions of Employee's doctors were not uniform, and Employee had pre-existing back pain and psychological problems; and (3) the Commission failed to make a clear and concise finding that the cumulative injury alone caused Employee's permanent total disability. Employer also reiterates portions of point two, in two additional points relied on.
Affirmed.
Facts
In her claim for compensation for injuries sustained at work, employee Betty Higgins alleged two specific back injuries--dating July 10, 1995, and July 8, 1996--and cumulative trauma to her back as of her last day of employment in February 1998. Employee alleged the cumulative back trauma rendered her permanently and totally disabled. The ALJ awarded 10% permanent partial disability for the 1995 injury, no permanent disability for the 1996 injury, and no disability for the cumulative trauma. The Commission modified and reversed, awarding benefits for 3% permanent partial disability for the 1995 injury and 2% permanent partial disability for the 1996 injury. The Commission further found Employee suffered from chronic pain disorder and major depression as a result of her cumulative back trauma, and awarded her benefits for permanent total disability. Finding the permanent total disability resulted solely from the cumulative trauma, the Commission assigned sole liability to Employer, with no liability on the part of the Second Injury Fund. Employer appealed the decision on the cumulative trauma claim, but not the decisions on the individual 1995 and 1996 injuries.
In 1984, Employee began working for Quaker Oats Company, where she held various laborer positions until February 1998. Employee's tasks for Employer over the years included shoveling up to several thousand pounds of spilled product, pulling heavy "gondolas" on hand jacks and hand trucks, inserting and packing on the conveyor line, stacking bags weighing up to 100 pounds, and driving fork trucks. Much of her work over roughly fourteen years involved bending, pulling, and rotating her back with heavy loads.
The hand jacks and hand trucks, some of them self-propelled, would frequently get stuck on cracks or debris on the floor, causing the jacks and trucks to stop suddenly, jerking Employee's body. The motorized hand trucks moved so fast that Employee had to run with them. The jacks and trucks got stuck several times per week, and the sudden stop was so forceful it would sometimes throw Employee to the floor. On July 10, 1995, Employee was operating a motorized hand truck when it caught on something, jerking her, throwing her to the ground, and injuring her back. She missed three weeks plus one day of work, then resumed her regular duties, despite continuing back pain. She was diagnosed as suffering from degenerative disc disease and trauma. On July 8, 1996, a motorized hand truck suddenly stopped and Employee again injured her back, resulting in a diagnosis of severe lumbosacral strain. Following that incident, t
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