The Missouri Chamber of Commerce and Industry said Wednesday a Missouri Supreme Court ruling Tuesday opens the door to increased workers' compensation liability on Missouri employers.
"We believe the Supreme Court is wrong in its decision to affirm the Labor and Industrial Relations Commission's overreach in this case," Chamber President and CEO Dan Mehan said in a news release.
"We will be taking this issue to the Missouri Legislature, to address in the upcoming session."
The seven-judge court issued a 30-page, unanimous ruling that Carl Greer was entitled to future medical expenses as well as an additional award of "temporary total disability" for surgery and post-surgery treatment he received after doctors had said he had reached a point of "maximum medical improvement."
The court also agreed with the Labor and Industrial Relations Commission that Greer was not entitled to a finding of permanent total disability, which he sought.
In its news release, the state chamber said: "Employees can now receive workers' compensation benefits years after some injury claims are settled."
But Judge George W. Draper III wrote for the court: "After examining the evidence in the context of the whole record, this Court holds the commission's decision is supported by substantial and competent evidence."
The high court's ruling noted Greer began working for SYSCO Food Services in 1989, eventually winning a job as a forklift operator.
On Feb. 23, 2006, Greer was standing on a
stationary forklift inside a freezer at the warehouse, when his scanner gun malfunctioned.
So he leaned forward to scan a pallet, to get its inventory information - and a co-employee driving another forklift caused the other forklift to grab Greer's left foot and crush it between the two forklifts.
He was taken to the hospital for treatment, where his left foot was placed in a cast.
And five days later, he saw the first of a number of doctors, who offered various diagnoses and treatment options over the next few years.
While most of those doctors were specialists in one field or another, one - Dr. Berkin - was identified as a "family physician."
The court said Berkin had "placed restrictions on Greer to avoid excessive squatting, kneeling, stooping, turning, twisting, lifting and climbing, standing on his feet for longer than twenty to thirty minutes, climbing ladders and stairs, working at heights above ground level, walking on uneven surfaces, lifting with his right arm extended from his body, and excessive lifting or working with his right arm above shoulder level."
Greer previously had been injured while working for SYSCO, before the foot accident, and, the court noted: "Dr. Berkin opined Greer was permanently and totally disabled due to all of his injuries."
But, the state chamber's release countered, "The Supreme Court relied on the worker's family doctor for evidence that he had not reached full recovery."
Mehan noted the case means lawmakers should change how expert witnesses are used in court, because: "A family doctor is not a specialist and should not have been allowed to shape the decision in this case."
Draper's ruling noted that, during the case's initial stages before an administrative law judge and the Labor and Industrial Relations Commission, the expert witnesses for both sides used Berkin's findings - but reached different conclusions about Greer's ability to continue working.
"In the absence of fraud, the commission's findings of fact shall be conclusive and binding," Draper's ruling quoted Missouri law. "This Court must defer to the commission's findings on issues of fact, the credibility of witnesses, and the weight given to conflicting evidence."
Later in the ruling, Draper noted the commission relied on Dr. Berkin's "prescribed treatment recommendations" and on orthopedic surgeon Dr. Johnson's "testimony that discussed Greer's need for pain management. ... The commission concluded that based on this medical evidence, Greer was entitled to future medical care."
The Chamber's Legal Foundation had filed a friend-of-the-court brief on behalf of SYSCO and the state's Second Injury Fund.