475 S.W.3d 655 (Mo. banc 2015)
Full Opinion: [Greer v. Sysco Food Services]
Code(s): C001 TTD; C034 MMI
Factual
Background:
Claimant
sustained a crush injury to his left foot in 2006 while standing on a fork
lift. He received treatment and was placed at MMI in 2007. After several
attempts at full duty, he continued to have issues in his left ankle and foot
and voluntarily resigned on 11/7/07. His symptoms continued and he was assessed
with tarsal tunnel syndrome and underwent unauthorized left tarsal tunnel
release in 2010. At trial, he asserted a claim for additional TTD and medical
benefits for the treatment he underwent after being placed at MMI in 2007, and
while he was undergoing unauthorized treatment. The ALJ determined that
Claimant reached MMI on 4/23/07 and was not entitled to TTD benefits beyond
that date.
Commission Decision:
The
Commission modified the ALJ’s award for TTD benefits and for past medical
expenses. This case was transferred to the Supreme Court after the Court of
Appeals after the Court of Appeals. The Supreme Court analyzed the findings of
the Commission.
Analysis/Holding:
The
Court determined that the Commission must decide whether any further medical
progress can be reached because that decision is essential in determining when
a disability becomes permanent for the purpose of awarding PPD or PTD benefits.
The plain language of Section 287.149.1 does not mandate the Commission
arbitrarily rely on the MMI date to deny TTD benefits if Claimant is engaged in
the rehabilitative process. Instead, whether a claimant is engaged in the
rehabilitative process is the appropriate guidepost to determine entitlement to
TTD benefits. Finding that Claimant was engaged in the rehabilitation process
when he pursued the additional treatment, he was awarded TTD benefits.
The Takeaway:
The
Commission is not required to accept MMI as a bright-line date to terminate TTD
benefits if there is evidence that a Claimant continues to engage in the
rehabilitative process.