WD
81155 (Missouri Court of Appeals Western District August 28, 2018)
Full Opinion: [Harley-Davidson Motor Company, Inc., v. Kenneth Jones]
Code(s): C014 Notice
Factual
Background:
Claimant was working on a motorcycle attempting to take out
a pinch bolt using a high powered impact driver on 07/13/11. Claimant, while
holding onto the impact driver with two hands accidentally triggered the impact
causing a jerking motion of his arms and body from right to left. Claimant
filled out an injury report the day of the accident he did not include his
address and stated he hurt his “right elbow and right hand.” The following
morning Claimant experienced back pain which would progressively increase in
the coming weeks. On 10/04/11, Dr. Drisko, an orthopedic surgeon, diagnosed
spondylolisthesis. Dr. Drisko opined the accident was the prevailing factor for
Claimant’s current condition. Employer claims improper notice was given because
of: 1) Claimants failure to provide his address on his written notice is in
direct violation of the statute and 2) Claimant did not indicate the nature of
his injury correctly.
ALJ & LIRC Decision:
The ALJ and LIRC found Employer was not prejudiced by the
notice given by Claimant. They found the Claimant’s elbow and low back injuries
occurred in the course and scope of his employment, and Employer was given
notice as required by statute.
Court of Appeals:
The Court of Appeals Affirmed the LIRC decision citing the
purpose of the notice statute is to give the employer timely opportunity to
investigate the facts surrounding the accident. Since Claimant reported the
accident the same day it occurred there was substantial evidence the employer
had actual knowledge of Claimant’s workplace injury and therefore had the
opportunity to investigate.
The Takeaway:
If an employee reports an accident in a timely fashion
within the time period of the statute and employer is not prejudiced in their
investigation of the accident, all injuries stemming from the accident may be
deemed compensable even if they are not alleged on the injury report.