Employee: Michael Landis
Dependents: N/A
Employers: St. Luke's Hospital; Children's Mercy Hospital; Truman Medical Center
Insurers: Self-Insured
Additional Party: N/A
Hearing Date: August 27, 2019
Chair: 2019
Briefs filed on September 27, 2019
Checked by: KJC/drl
Mr. Michael Landis, the deceased employee, died on June 5, 2018 of mesothelioma of the right lung. He stated in his claim for compensation that he had two children: Christopher Allen Landis and Michael John Landis, Jr. Christopher Landis, however, filed an affidavit dated June 20, 2018 in which he stated that he was the only remaining son of Michael Landis, the deceased employee. Christopher was also substituted as the party in interest in the case after Mr. Landis' death.
Prior to the hearing, the parties entered into various admissions and stipulations. The remaining issues were as follows:
- Whether Mr. Michael Landis, the deceased employee, sustained an occupational disease arising out of and in the course and scope of his employment with St. Luke's Hospital, Children's Mercy Hospital, or Truman Medical Center or with a prior employer, the Kansas City Star;
- Whether the deceased employee provided timely notice of his alleged occupational disease to St. Luke's Hospital, Children's Mercy Hospital, or Truman Medical Center;
- Whether Mr. Landis filed a claim for compensation on a timely basis as to each of the employers;
- The compensation rate for enhanced benefits under § 287.200.4 RSMo. 2005 and as amended effective with January 1, 2014;
- Liability of St. Luke's Hospital, Children's Mercy Hospital, or Truman Medical Center for $237,566.66 for past medical aid rendered to Mr. Landis; and
- The liability of St. Luke's Hospital, Children's Mercy Hospital, or Truman Medical Center for enhanced benefits under § 287.200.4 RSMo.
St. Luke's Hospital, Children's Mercy Hospital, and Truman Medical Center stipulated that they had accepted liability for enhanced benefits under the statute. Mr. Michael Landis, the deceased employee, was deposed in the case on February 19, 2018 by his attorney. Mr. Landis had only filed a claim against St. Luke's Hospital at the time of his deposition.
2 Truman Medical Center elected not to file a brief in the case.
Issued by: DIVISION OF WORKERS' COMPENSATION
Employee: Michael Landis
Injury No. 17-098196
Mr. Landis testified in his deposition that he was 69 years old. He stated that he was divorced. He also stated that he had two children: Christopher Allen Landis and Michael John Landis, Jr. He testified that his sons were 48 and 47 years old and that neither was financially dependent on him.
Mr. Landis testified that he was diagnosed with mesothelioma in 2017. He stated that he was a member of the Operating Engineers Union. He stated that licensed operating engineers did "All engineering work, being licensed engineers, power plant operators, boiler operators and all equipment operations." He stated that during his years as an operating engineer he did not know that he was using asbestos-containing materials (ACM).
Mr. Landis testified that he now believed that he worked with ACM. He stated that he believed that he first worked with ACM during his employment with the Kansas City Star. He indicated that he believed that he worked for the Star from 1968 to 1976.
Mr. Landis testified that he worked in the power plant at the Star. He stated that the insulation on the pipes and condensers contained asbestos. He stated that he had to remove insulation material from the pipes all the time. He stated that he scraped asbestos off gaskets and removed the asbestos material from the pumps and the firebox. He stated that he did boiler work. He referenced one time when all three boilers at the Star building went out. He stated that he had to get "in there" and "scrape and get all that stuff". He stated that he had to vacuum the "stuff" that he scraped. He also stated that he had to remove gaskets. He stated that he worked consistently with asbestos materials from 1968 to 1976 during his employment with the Star.
Mr. Landis testified that his next job was at St. Luke's Hospital (hereinafter referred to as SLH). He acknowledged that his social security records showed that he worked at the hospital from 1981 to 1985. He stated that he did the same type of work at SLH as he did for the Star, but he did not do as much repair work at SLH. He stated that SLH's boilers and power plant were newer and required less maintenance than those at the Star. He stated, however, that he did do repair work on pipes, turbines and valves at SLH and that he was exposed to asbestos.
Mr. Landis testified that the insulation on the pipes contained asbestos. He stated that he scraped ACM off the gaskets. He stated that on one occasion he scraped the big header valve. He stated that he was present when the inspectors opened up the boilers and removed the gaskets. He indicated that the gaskets had asbestos material on them.
Mr. Landis testified that his next job was at Children's Mercy Hospital (CMH) where he worked from 1985 to 1987. He stated that he cleaned out big tanks full of "really" bad scaly water at CMH. He stated that he did not believe that his work exposed him to asbestos.
On cross-examination by SLH, Mr. Landis indicated he was living at a rehab center. His deposition was taken at the rehab center.
Mr. Landis testified that he knew that he was working with asbestos at the Star and SLH by the gray color and little fibers in the material. He stated that while working for the Star he cut asbestos, installed it and removed it.
Issued by: DIVISION OF WORKERS' COMPENSATION
Employee: Michael Landis
Injury No. 17-098196
Mr. Landis testified that his job title at SLH was Power Plant Operator. He stated that he ran the power plant. He alleged that workers were exposed to asbestos by just being in the power plant.
Mr. Landis stated that the cooling towers in the power plant at SLH had louvers. He stated that during the winter months, the cooling towers were shut down and that he had to go in there and scrape that "stuff". He stated that the "stuff" was asbestos. He stated that the louvers were made out of asbestos. He stated that he did not wear a respirator while working at SLH.
Mr. Landis testified that his next job was at Children's Mercy Hospital (hereinafter referred to as CMH). He stated that there were pipes going to the tanks he cleaned on his job at CMH. He stated that he assumed that there was a gasket connecting the pipes to the tanks. He stated that there was probably asbestos at CMH, but he did not work around the asbestos areas.
Mr. Landis testified that he had subsequent jobs where he made wood pallets, whiskey barrels and did maintenance work at an apartment complex. He stated that his last job was at Truman Medical Center (hereinafter referred to as TMC).
Mr. Landis stated that he did not remember what he di