Section 287.020 .2 provides:
'2. The word 'accident' as used in this chapter shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury***.'
In the appellate court decision, BENNETT V COLUMBIA HEALTH CARE AND REHABILITATION, 80 S.W. 3d 524 (Mo.App. W.D. 2002), the ALJ?s opinion that just walking was not a risk related to the employment was reversed by the Western District, and full compensation was allowed, with remand to the Industrial Commission.
THIS IS A LANDMARK CASE IN STATING THAT A SINGLE NATURAL BODY MOTION, WALKING, WHEN AT WORK, ACCOMPANIED BY PAIN, IS COMPENSABLE. It comes the closest to the court?s adopting the 'pure positional risk' theory, that is, when one is at one?s work station, doing one?s normal duties, has pain, needs treatment, there is full coverage. This is making workers compensation a complete substitute for group insurance under these circumstances.
On remand to the Industrial Commission (LIRC), Inj. No. 96-152027, (2002), the Commission, in factually determining the meaning of 'accident, held there was a 'change in the pathology', one doctor saying the causative mechanism was stress superimposed on her degenerative knee condition, the other that there was 'stress trauma' to her degenerative knee at work, the other that there was an 'abnormal loading of the knee joint, while walking up the steps'. Full Compensation allowed.
Before the Western District opinion, the LIRC, on 3/12/02, had affirmed the decision of the ALJ Dierkes.
In Bennett v Columbia Health Care and Rehabilitation, (LIRC) (ALJ Dierkes) 2001, reversed , as set out above, employee, nurse?s aide for 20 years, was walking around a bed when she felt a pop in the right knee. Later that day she was walking up the stairs when she again felt a pop. She was not squatting, no trip, slip, stumble or fall. The E.R. records said: 'No recall of trauma, was walking up stairs with knee in flexed position when she heard 'pop' and had pain'. She went to surgery. The ALJ held that the 'popping' or 'giving way' heard while walking, which was clearly 'routine and not accidental'. 'Just walking is not a risk related to the employment, but is merely a normal activity that workers are equally exposed to in normal non-employment life.'
In Drewes v TWA, 984 S.W.2d 512 (Mo.banc. 1999), There were two major issues. The first was whether or not she was within the scope of her employment when she went to a non-controlled employer break room, because the line to the microwave in the employee?s break room was too long. The employee said that she could use the other break room and it was used by TWA employees. The Court held, on this issue, that under the 'personal comfort doctrine' that eating lunch and other personal comfort activities are 'incidental' to the employment and arise out of it.
They justified this finding under Section 287.020.5 by saying the employee was engaged 'on or about' the premises where their duties are being performed.
The second issue is really what happened to her, how she fell. That was glossed over by the Court (whether she had a trip, slip, stumble, loss of balance). The Court apparently indicating that 'the fall' was the key factor.
NOTE: As of 2/2001, it is still unclear whether a 'pure walker' case, that is, someone who is taking a normal stride, in walking, during the course of her or his work, and feels pain, sustains an accident under the law!