Harry Hall v. City of Richmond Heights, Missouri

(Affirming Award and Decision of Administrative Law Judge)

Employer: Harry Hall (Deceased)

Dependent: Tina Hall

Employer: City of Richmond Heights, Missouri

Insurer: St. Louis Area Insurance Trust

Injury No. 14-032369

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 18, 2020, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Lee B. Schaefer, issued, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this ______ 2nd ______ day of July 2021.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

DISSENTING OPINION FILED

Shalonn K. Curls, Member

Attest:

Secretary

I believe that the administrative law judge should have found that claimant sustained an occupational disease arising out of and in the course and scope of his employment that eventually resulted in his death.

Claimant was a police officer for nearly 50 years. The day to day job duties of a police officer are stressful, to the point that the Missouri legislature chose to include a special provision regarding police officers' stress, and occupational diseases by enacting §287.067.6. Furthermore, Drs. Schuman and Mankowitz agreed that the job duties of a police officer are stressful. Claimant dedicated more than half of his life to serving and protecting the public, and I believe that $\S 287.067 .6$ was enacted by the Missouri legislature specifically for individuals in claimant's position.

For these reasons, I would find employer to be liable to claimant for the occupational disease that arose out of and in the course of his employment. Because the majority of the commission has determined otherwise, I respectfully dissent.

Shalonn K. Curls

Shalonn K. Curls, Member

Employee: Dependents of Harry Hall

Injury No. 14-032369

Dependent: Tina Hall

Employer: City of Richmond Heights

Insurer: St. Louis Area Insurance Trust

Additional Party: N/A

Hearing Date: August 12, 2020

Before the

DIVISION OF

WORKERS'

COMPENSATION

Department of Labor and

Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: LBS

1. Are any benefits awarded herein? No
2. Was the injury or occupational disease compensable under Chapter 287? No
3. Was there an accident or incident of occupational disease under the law? No
4. Date of the alleged accident or onset of occupational disease: January 24, 2014
5. State location where accident occurred or occupational disease was contracted: St. Louis County
6. Was above employee in employ of above employer at time of alleged accident of occupational disease? Yes
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of employment? No
9. Was claim for compensation filed within time required by law? Yes
10. Was employer insured by above insurer? Yes
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee allegedly sustained an occupational disease arising out of and in the course and scope of his employment that allegedly resulted in Employee's death.
12. Did accident or occupational disease allegedly cause death? Yes
13. Part(s) of body injured by accident or occupational disease: BAW - cardiac
14. Nature and extent of any permanent disability: N/A
15. Compensation paid to date for temporary disability: $\ 0
16. Value necessary medical aid paid to date by employer/insurer? $\ 0

1. Value necessary medical aid not furnished by employer/insurer? None
2. Employee's average weekly wages: $\ 1,273.00
3. Weekly compensation rate: $\ 851.80
4. Method wages computation: Stipulation between parties

1. Amount of compensation payable: None
2. Second Injury Fund liability: Dismissed at Hearing.
3. Future requirements awarded: N\A

Employee: Dependents of Harry Hall

Dependent: Tina Hall

Employer: City of Richmond Heights

Insurer: St. Louis Area Insurance Trust

Additional Party: N/A

Hearing Date: August 12, 2020

Injury No. 14-032369

Before the

DIVISION OF

WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri

Hearing Date: August 12, 2020

The parties appeared before the undersigned administrative law judge on August 12, 2020, for a Final Hearing in this matter. Attorney James Martin represented Tina Hall, Dependent of Harry Hall ("Claimant"). Harry Hall ("Employee") is deceased. Attorney Todd Hilliker represented the Employer, City of Richmond Heights ("Employer"), and its insurer, St. Louis Area Insurance Trust ("Insurer"). Claimant dismissed the Second Injury Fund at the time of the Hearing.

Claimant offered and had admitted into evidence the following Exhibits:

Exhibit 1: Autopsy report

Exhibit 2: Report of Dr. Whiting

Exhibit 3: Reports of Dr. Gupta

Exhibit 5: Medical records of Skaggs Community Hospital

Exhibit 6: Medical records of Dr. Carter

Exhibit 7: Medical records and reports of Dr. Harshman

Exhibit 8: Division of Workers' Compensation records for Injury Number 90-009746

Exhibit 9: Medical records of Dr. McCann

Exhibit 10: Medical records of Dr. Joseph Bodet

Exhibit 11: Medical records of Metro Health Group (Dr. Kancherla)

Exhibit 12a: Personnel records of St. Louis Police Department

Exhibit 12b: Medical division records of the St. Louis Police Department

Exhibit 13: Records of the Richmond Heights Police Department

Exhibit 14: Medical records of Dr. Purcell

Exhibit 15: Medical records of St. Clare/SSM Hospital

Exhibit 17: Division of Workers' Compensation records for Injury number 87-10342

Exhibit 18: Division of Workers' Compensation records for Injury number 88-137214

Exhibit 19: Medical records of St. Mary's Hospital

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Exhibit 20: Medical records of Midwest Sleep Diagnostics

Exhibit 21: Report and deposition of Dr. Stephen Schuman

Exhibit 23: Records of Police Officer Standards and Training (P.O.S.T.)

Exhibit 24: Marriage License of Harry and Tina Hall

Exhibit 25: Death Certificate of Harry Hall

Exhibit 26: Records of St. Louis County Police Department

Exhibit 27: Division of Workers' Compensation records

Exhibit 28: Claimants' Exhibit List

Employer/Insurer offered and had admitted into evidence the following Exhibits:

Exhibit A: Certified records of the Division of Workers' Compensation

Exhibit B: Medical records of Dr. Harshman

Exhibit C: Medical records of Midwest Sleep Diagnostics

Exhibit D: Medical records of Dr. Droege

Exhibit E: Medical records of Dr. Noda

Exhibit F: Medical records of BJC Christian Hospital

Exhibit G: Medical records of Dr. McCann

Exhibit H: Medical records of Dr. Purcell

Exhibit I: Medical records of Dr. Terkonda

Exhibit J: Medical records of St. Mary's Hospital

Exhibit K: Personnel records of St. Louis Metropolitan Police Department

Exhibit L: Medical records of St. Louis Metropolitan Police Department

Exhibit M: Medical records of St. Clare Hospital

Exhibit N: Medical records of Dr. Kancherla

Exhibit O: Death Certificate of Harry Hall

Exhibit P: Records of Richmond Heights Police Department

Exhibit Q: Deposition of Dr. Mankowitz

Exhibit R: Correspondence from Mr. Martin to Dr. Schuman

Exhibit S: Report of Dr. Shreim

Exhibit T: Autopsy report

Exhibit U: Records of St. Louis County Police Department

Exhibit V: Employer/Insurer's Exhibit List

**STIPULATIONS**

The parties stipulated to the following:

1. On or about January 24, 2014, Employee allegedly sustained an occupational disease allegedly arising out of and in the course and scope of his employment that allegedly resulted in his death;
2. Employee was an employee of Employer pursuant to Chapter 287;
3. Employee's dependent provided proper notice of his occupational disease to Employer;
4. Employee's dependent filed their Claim for Compensation within the time allowed by law;

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Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 14-032369

1. Employee's average weekly wage on the date of his occupational disease was 1,273.00, with a resulting rate of 851.80 for death benefits;

1. Employer has not paid any benefits to date;

1. Venue for this Hearing is proper in the City of Saint Louis.

The issues to be determined in this Hearing are:

1. Did Harry Hall sustain an occupational disease arising out of and in the course and scope of his employment?

1. Is Harry Hall's cardiac condition and death medically causally related to his alleged occupational disease?

Only evidence supporting the award will be summarized. Objections not ruled on during the hearing or in this award are overruled. Marks or highlights contained in the exhibits were made prior to being made part of this record and not placed thereon by the Administrative Law Judge.

**Terry Ford** ("Ford") was a Certified Law Enforcement Officer for 15 to 20 years. He met Employee when Ford worked for the Maplewood Police Department and Employee worked for Employer. Ford and Employee were both patrol officers. The areas that they patrolled shared a boundary. They would work a call together once or twice a week. Ford has worked in private security for the last 10 years.

As patrol officers, Ford and Employee would look for obvious crimes as they patrolled their cities, answer calls, and maintain safety and law and order.

Ford and Employee would discuss their jobs and the stress they experienced in their jobs. Ford developed stress as a result of his job. Ford had trouble sleeping due to stress. Ford developed heart disease that he relates to his job stress.

Ford reported that he and Employee discussed job stress that would arise during confrontations with their superiors. They also discussed stress that came from arrests with resistance and violence.

Ford and Employee responded to motor vehicle accidents together. They often responded to crimes together because they both patrolled high crime areas next to each other. The boundary of their cities was a violent area with a lot of drug use. When dealing with traffic

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Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 14-032369

matters or crimes, they often dealt with confrontations. The calls were so abundant in both jurisdictions that Ford and Employee were the only officers on the scene. In the evening, the number of officers working was "thin".

Ford enumerated several causes of stress on the job including the hours worked, low personnel numbers, difficult assignments, confrontations with supervisors, and poor eating habits. Ford noted that police officers worked a different shift every three weeks; which did not allow their bodies to adjust before changing shifts again. Constantly changing shifts also made it difficult to sleep and made it difficult to perform. Because of personnel shortages, officers often worked overtime. Ford believes all of the stressful factors could lead to heart disease.

On cross-examination, Ford testified he stopped working as a police officer in August of 2001. He had no on-duty interaction with Employee from 2001 through 2014. Ford did not know if the stressors he had at the Maplewood Police Department were the same as those at the Richmond Heights Police Department.

Tina Hall ("Tina") married Employee on June 6, 1980. (Exhibit 24). They had two children who are adults and independent.

When Tina and Employee met, he was already a police officer for the St. Louis City Police Department ("SLCPD"). Employee had a Bachelo