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Higgins v. Quaker Oats Co.11/29/2005
unemployable. We cannot say the Commission's decision lacks substantial competent evidence in the record, or that the decision is against the overwhelming weight of the evidence. Point denied.
Employer alleges in the fourth point on appeal that the Commission erred in finding that the cumulative trauma caused Employee's permanent total disability because the finding is contrary to the overwhelming weight of the evidence. Employer's second point on appeal, discussed above, alleges that the Commission erred in finding Employee permanently and totally disabled as a result of the cumulative trauma because the finding is contrary to the overwhelming weight of the evidence. The legal issue, sufficiency of the evidence showing the cause and scope of Employee's disability, is identical in both points. The particular facts raised in the argument sections of Employer's brief differ only slightly. Employer again cites no authority beyond the standard of review. For the reasons articulated in point two above, we find the Commission's decision supported by sufficient competent evidence. Point denied.
Employer alleges in the fifth point on appeal that the Commission erred in finding that the cumulative trauma caused Employee's mental disability because the finding is contrary to the overwhelming weight of the evidence. Employer raised this same argument in point two. Employer again cites no authority supporting its position, other than the standard of review. For the reasons articulated in point two above, we find the Commission's decision supported by sufficient competent evidence. Point denied.
III.
In its third point, Employer argues that the Commission failed to make a clear and concise finding that the cumulative injury alone caused Employee's permanent total disability. In this third point, Employer does not challenge the Commission's finding that Employee suffers permanent total disability. Rather, Employer asserts that the Commission's award is "vague and nebulous" in violation of statutory requirements.
Whether the Commission properly construed and applied the Workers' Compensation Act is a question of law, subject to de novo review by this court. West v. Posten Constr. Co., 804 S.W.2d 743, 744 (Mo. banc 1991). Employer complains that "the Commission does not use the phrase 'alone and of itself' or 'in and of itself' and does not make any finding of fact as to the degree of disability from the [cumulative trauma] injury." Indeed, the standard for an employer's liability where there is pre-existing disability is that "the employer at the time of the last injury shall be liable only for the disability resulting from the last injury considered alone and of itself." Section 287.220.1 (emphasis added). However, Employer cites no authority for the proposition that the Commission must employ any magic language in its decision. Employer cites no case in which a court reversed, modified, set aside, or remanded a Commission decision for failure to make sufficiently clear findings.
Employer cites Hughey v. Chrysler Corp., 34 S.W.3d 845, 847 (Mo. App. 2000), for the proposition that, where liability is to be apportioned between the employer and the Second Injury Fund, the Commission must determine the degree of disability caused by the last injury. This accurately states the law, but it fails to support Employer's point. We find no authority supporting the proposition that the Commission must employ any particular language to effectuate its decision finding the scope of disability. On the contrary, findings are adequate where they "set out the actual grounds of decision and make possible an intelligent judicial review." Stegeman v. St. Francis Xavier Parish,
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