Thomas Runyan v. Woodbridge Corporation

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 15-036868

**Employee:** Thomas Runyan

**Employer:** Woodbridge Corporation

**Insurer:** American Zurich Insurance Company

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law. Pursuant to § 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated November 19, 2019. The award and decision of Administrative Law Judge Margaret D. Landolt, issued November 19, 2019, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this **12th** day of November 2020.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Robert W. Cornejo, Chairman

**DISSENTING OPINION FILED**

Reid K. Forrester, Member

**S. Viki Curls**

Shalonn K. Curls, Member

Attest:

Secretary

Employee: Thomas Runyan

Injury No. 15-036868

I have read the briefs of the parties and reviewed the whole record. I have considered all of the competent and substantial evidence based on the record as a whole. Based on my review of the evidence as well as my consideration of the relevant provisions of the Missouri Workers' Compensation Law, I find the employee has failed to prove that his alleged February 5, 2015, work injury was the primary factor, in relation to any other factor, that caused his medical condition and disability. Section 287.020.3 RSMo.

Employee, a forklift driver, alleged that on February 5, 2015, he felt a sudden pop and excruciating pain in his chest when he turned in his seat to check behind him while rushing to move two loads of dunnage. Employee then started grabbing his chest. Employer's production manager Eric Schulte called 911 and requested an ambulance only because he knew that employee had previously suffered a heart attack and had two stents due to heart trouble.

The ambulance took employee to the hospital where he remained overnight in order to have a nuclear stress test and full cardiac workup. Employee left the hospital less than thirty-six hours later with discharge instructions allowing him to resume normal activity. He returned to work and continued to perform his work duties without restrictions for a year and a half after the accident. Employee had no problem performing his normal work duties until he retired in December 2016, accepting employer's voluntary buyout.

Employee did not report a work-related injury on the day of the alleged accident; employer was not even aware employee was making a workers' compensation claim until several weeks if not months after.

The administrative law judge failed to consider that virtually if not all of the treatment employee received after his alleged injury was to rule out a heart attack for his non-work related cardiac condition, as opposed to employee's claimed musculoskeletal injury. She erred in failing to find that because employee's claim did not allege cardiac disability his treatment for cardiac issues as opposed to costochondritis should not have been deemed compensable. Even after employee's February 5-6, 2015, hospitalization, he received no medical treatment for costochondritis and has never taken any pain medication for this condition.

Section 287.140 obligates an employer to "provide such medical ... and hospital treatment ... as may reasonably be required after the injury or disability, to cure and relieve from the effects of the injury [emphasis added]." Because employee's condition cannot be considered to have flowed from his work injury, Tillotson¹ has no application. The administrative law judge's award of post-injury medical treatment in the amount of $8,788.58 should be reversed.

In addition, the administrative law judge's award of 12.5% permanent partial disability based on costochondritis—a soft tissue injury—is unjust, especially in the context of the absence of treatment for this alleged injury. Employee offered no testimony that he has given up any daily activities or hobbies. He merely testified he is cautious and thoughtful about how he bends down, looks backward, and lifts objects. Any

1 Tillotson v. St. Joseph Medical Center, 347 S.W.3d 511 (Mo. App. 2011).

MNKOI 0001610577

Injury No.: 15-036868

Employee: Thomas Runyan

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reasonable person of employee's age of sixty-five years would likely exercise such precautions.

At most, employee is entitled to an award of permanent partial disability of 5% of the body as a whole for right sided costochondritis, consistent with Dr. Andrew Wayne's evaluation.

Because the majority finds otherwise, I respectfully dissent.

Reid K. Forrester, Member

Issued by DIVISION OF WORKERS' COMPENSATION

**Employee:** Thomas Runyan

**Injury No.:** 15-036868

**Dependents:** N/A

**Employer:** Woodbridge Corporation

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**Employer:** Woodbridge Corporation

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**Additional Party:** N/A

**Employer:** American Zurich Insurance Co.

**Injury Date:** September 24, 2019

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**Employer Name:** Dr. James R. Runyan

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

**E-mail address:** jrunyan@award.org

**Address:** 1200 West 4th Street, New York 11, N.Y. 10026

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