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McCormack v. Carmen Schell Construction Co.6/25/2002
Opinion Vote: AFFIRMED.
Ellis, P.J., and Smith, J., concur.
Opinion:
Employer Carmen Schell Construction Company (Schell) appeals from the decision of the Labor and Industrial Relations Commission (the Commission) awarding workers' compensation benefits to its employee Virgil McCormack for injuries caused by an electrical shock.
Schell brings four points on appeal. First, it alleges that the Commission erred in finding that Mr. McCormack's complaints and symptoms are physiologically related to electrical shock. Second, Schell alleges that the Commission erred in awarding additional medical expenses to Mr. McCormack relating to treatment of his mental condition at Charter Hospital, because Mr. McCormack failed to prove his mental condition was directly and proximately caused by the electrical shock accident. Third, Schell alleges that the Commission erred in awarding costs to Mr. McCormack pursuant to sections 287.140.5 and 287.560 RSMo 2000. Schell maintains that Mr. McCormack unreasonably refused to submit to treatment at the Mayo Clinic, so Schell's termination of Mr. McCormack's benefits and defense of the claim when Mr. McCormack did not go to the Mayo Clinic was not unreasonable. Fourth, Schell alleges that the Commission erred in finding Mr. McCormack was permanently and totally disabled as a result of the injuries he sustained in the electrical shock accident.
We affirm.
Background
In March 1995, Schell hired Virgil McCormack to perform layout work and framing at the Marion Merrill Dow project in Kansas City, Missouri. On December 13, 1995, Mr. McCormack was standing on a scaffolding approximately six feet above the floor with his chest and arms against a metal sprinkler pipe as he took measurements to install sheetrock when his elbow came in contact with a live, uninsulated electrical wire. After being shocked, Mr. McCormack collapsed to the floor of the scaffold, and his co-workers sought medical attention. After a one-night stay in the hospital for observation and a few days spent at home for recovery, Mr. McCormack attempted to return to work, where he experienced numbness and tingling in his arms and problems with pain and dizziness. He was unable to continue working as a result.
Over the next several years, Mr. McCormack received extensive medical treatment for his injuries sustained in the electrical shock incident. Various doctors diagnosed his injuries to include a seizure disorder, cognitive dysfunction, organic mood disorder, depression, anxiety, and post-traumatic stress disorder. Mr. McCormack received extensive workers' compensation benefits and vocational services for his injuries until Schell discontinued his benefits on April 1, 1999, after Mr. McCormack was unable to attend an appointment at the Mayo Clinic in Minnesota that had been arranged by Schell.
A final hearing was held before Administrative Law Judge (ALJ) Emily Fowler from October 2 through October 5, 2000. Both sides offered extensive testimony, both lay and medical, in addition to extensive supporting documentation. On January 11, 2001, Judge Fowler issued her findings of fact and rulings of law, in which she found Mr. McCormack to be permanently and totally disabled as a result of his injuries sustained in the electrical shock incident. Judge Fowler's findings include extensive details of Mr. McCormack's medical treatment and summaries of the testimony offered at the hearing in support of her award, which we discuss in more detail where necessary in our consideration of Schell's points on appeal.
In addition to finding Mr. McCormack permanently and totally disabled, Judge Fowler found that
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