Johnson v. Denton Constr. Co., 911 S.W.2d 286 (Mo. 1995). · Go Syfert
Johnson v. Denton Constr. Co., 911 S.W.2d 286 (Mo. 1995). Cases Citing This Book View Copy Cite
133 citation events (66 in the last 25 years) across 4 distinct courts.
Strongest positive: VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent (moctapp, 2025-01-31)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) VALHALLA RESTAURANTS, LLC d/b/a MCDONALD'S, Employer-Appellant v. KIARA PAGE, Claimant-Respondent and DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent
Mo. Ct. App. · 2025 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995)); see also Nickless v. Saint Gobain Containers, Inc., 350 S.W.3d 871, 873 (Mo. App. E.D. 2011) (holding that the Commission’s determination on whether one witness account was more credible is binding on review).
cited Cited as authority (rule) James F. Green v. Division of Employment Security
Mo. Ct. App. · 2022 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995)).
cited Cited as authority (rule) Mark Wayne v. Division of Employment Security
Mo. Ct. App. · 2020 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Jackson v. Walgreen Co.
Mo. Ct. App. · 2017 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Ausley v. CCL Label (St. Louis), Inc.
Mo. Ct. App. · 2017 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo.banc 1995)).
cited Cited as authority (rule) Kirk Wilson v. Progressive Waste Solutions of MO, Inc., and Division of Employment Security
Mo. Ct. App. · 2017 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
discussed Cited as authority (rule) Dennis Odom, Sr. v. Glazer's Distributors of Missouri, Inc. and Division of Employment Security
Mo. Ct. App. · 2016 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995). “'Whether the Com mission’s findings support the conclusion that a claimant engaged in misconduct connected with his or her work is a question of law” and reviewed de novo.
cited Cited as authority (rule) Michele Esquivel v. Hy-Vee, Inc. and Division of Employment Security
Mo. Ct. App. · 2016 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo.banc 1995).
discussed Cited as authority (rule) Stahl v. Hank's Cheesecakes, LLC
Mo. Ct. App. · 2016 · confidence medium
“This Court defers to the Commission on issues involving the credibility of witnesses and the weight given to testimony,” Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995), but in so doing we do not view .“the evidence and all reasonable inferences drawn therefrom in the light most favorable to the award.” Hampton, 121 S.W.3d at 223 .
discussed Cited as authority (rule) PHILIP BERGER, Claimant-Appellant v. SCROLL COMPRESSORS, LLC, Employer-Respondent, and MISSOURI DIVISION OF EMPLOYMENT SECURITY
Mo. Ct. App. · 2015 · confidence medium
“This Court defers to the Commission on issues involving the credibility of witnesses and the weight given to testimony,” Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995), but in so doing it does not view “the evidence and all reasonable inferences drawn therefrom in the light most favorable to the award.” Hampton, 121 S.W.3d at 223 .
discussed Cited as authority (rule) Jackson v. Eaglepicher Technologies, LLC
Mo. Ct. App. · 2014 · confidence medium
“This Court defers to the Commission on issues involving the credibility of witnesses and the weight given to testimony,” Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995), but in so doing it does not view “the evidence and all reasonable inferences drawn therefrom in the light most favorable to the award.” Hampton, 121 S.W.3d at 223 .
discussed Cited as authority (rule) DAVID JACKSON, Claimant-Appellant v. EAGLEPICHER TECHNOLOGIES, LLC, Employer-Respondent, and MISSOURI DIVISION OF EMPLOYMENT SECURITY, Respondent-Respondent
Mo. Ct. App. · 2014 · confidence medium
“This Court defers to the Commission on issues involving the credibility of witnesses and the weight given to testimony,” Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995), but in so doing it does not view “the evidence and all reasonable inferences drawn therefrom in the light most favorable to the award.” Hampton, 121 S.W.3d at 223 .
cited Cited as authority (rule) Kersey v. Autry Morlan, Inc.
Mo. Ct. App. · 2013 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Armstrong v. Tetra Pak, Inc.
Mo. Ct. App. · 2012 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
discussed Cited as authority (rule) Hornbeck v. Spectra Painting, Inc. (2×) also: Cited "see"
Mo. · 2012 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
discussed Cited as authority (rule) Fendler v. Hudson Services
Mo. · 2012 · confidence medium
“This Court defers to the Commission on issues involving the .credibility of witnesses and the weight given to testimony,” Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995), but in so doing it does not view “the evidence and all reasonable inferences drawn therefrom in the light most favorable to the award.” Hampton, 121 S.W.3d at 223 .
cited Cited as authority (rule) Pruett v. FEDERAL MOGUL CORP.
Mo. Ct. App. · 2012 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Tillotson v. St. Joseph Medical Center
Mo. Ct. App. · 2011 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Sell v. Ozarks Medical Center
Mo. Ct. App. · 2011 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
discussed Cited as authority (rule) Cantrell v. Baldwin Transportation, Inc.
Mo. Ct. App. · 2009 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995); Reed,-, 2009 WL 1957291 at *4 ; Shipp v. Treasurer of State, 99 S.W.3d 44, 50 (Mo.App.2003) (overruled on other grounds by Hampton, 121 S.W.3d at 224 ); Totten, 116 S.W.3d at 627 . *20 DISCUSSION Claimant asserts the Commission erred in denying her claim for permanent partial disability benefits in that Employee had reached maximum medical improvement prior to, or at, his death and that a finding of permanent partial disability is supported by the medical testimony.
cited Cited as authority (rule) Thornsberry v. Thornsberry Investments, Inc.
Mo. Ct. App. · 2009 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Harness v. Southern Copyroll, Inc.
Mo. Ct. App. · 2009 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Lacy v. Federal Mogul
Mo. Ct. App. · 2009 · confidence medium
Johnson v. *700 Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Schaffer v. LITTON INTERCONNECT TECHNOLOGY
Mo. Ct. App. · 2009 · confidence medium
“The decision to accept one of two conflicting medical opinions is an issue of fact for the Commission.” Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo.banc 1995).
discussed Cited as authority (rule) Roberts v. MO. HIGHWAY AND TRANSP. COM'N (2×)
Mo. Ct. App. · 2007 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
discussed Cited as authority (rule) Roberts v. Missouri Highway & Transportation Commission (2×)
Mo. Ct. App. · 2007 · confidence medium
Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Martin v. Town and Country Supermarkets
Mo. Ct. App. · 2007 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Pierce v. BSC, INC.
Mo. · 2006 · confidence medium
Endicott , citing Johnson v. Denton, 911 S.W.2d 286, 288 (Mo. banc 1995), and Maxon v. Leggett & Platt, 9 S.W.3d 725, 730 (Mo.App.2000). 7 .
discussed Cited as authority (rule) Copeland v. Associated Wholesale Grocers
Mo. Ct. App. · 2006 · confidence medium
In reply to this argument, the court stated: “The starting point in applying the last exposure rule is that the employer liable for compensation is the last employer to expose the employee to the occupational hazard prior to the filing of the claim. ” Id. at 288 (emphasis added).
cited Cited as authority (rule) Martinez v. Nationwide Paper
Mo. Ct. App. · 2006 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Hawthorne v. Lester E. Cox Medical Centers
Mo. Ct. App. · 2005 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo.banc 1995). *593 III.
discussed Cited as authority (rule) Harris v. State (2×) also: Cited "see, e.g."
Tex. App. · 2005 · confidence medium
P. 18a(a); 3 Arnold v. State, 853 S.W.2d 543 , *625 544-45 (Tex.Crim.App.1993); Madden v. State, 911 S.W.2d 286, 239 (Tex.App.-Waco 1995, pet. ref'd); accord De Leon v. Aguilar, 127 S.W.3d 1, 5 (Tex.Crim.App.2004) (orig. proceeding).
cited Cited as authority (rule) Birdsong v. Waste Management
Mo. Ct. App. · 2004 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Moriarty v. Treasurer of State of Missouri
Mo. Ct. App. · 2004 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Totten v. Treasurer of the State
Mo. Ct. App. · 2003 · confidence medium
Johnson v. Denton Construction Co., 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) McDermott v. City of Northwoods Police Department
Mo. Ct. App. · 2002 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Endicott v. Display Technologies, Inc.
Mo. · 2002 · confidence medium
Id.; Johnson v. Denton, 911 S.W.2d 286, 287 (Mo. banc 1995).
cited Cited as authority (rule) Greenlee v. Dukes Plastering Service
Mo. · 2002 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995). 2 .
discussed Cited as authority (rule) Rana v. LANDSTAR TLC
Mo. Ct. App. · 2001 · confidence medium
Again, this is an issue “involving the credibility of witnesses ... and this court will defer to the findings of the Commission.” Circo, 969 S.W.2d at 285 (citing Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995)).
discussed Cited as authority (rule) Flor v. Holguin
Haw. · 2000 · confidence medium
Instead, ... liability falls on the last employer to expose [claimant to the occupational hazard for which claim is made.” Crabill v. Hannicon, 963 S.W.2d 440, 444 (Mo.Ct.App.1998) (citing Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo.1995)).
cited Cited as authority (rule) Maxon v. Leggett & Platt
Mo. Ct. App. · 2000 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo.banc 1995).
cited Cited as authority (rule) Tidwell v. Kloster Co.
Mo. Ct. App. · 1999 · confidence medium
Id.; Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Kizior v. Trans World Airlines
Mo. Ct. App. · 1999 · confidence medium
Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
discussed Cited as authority (rule) Kelley v. Banta & Stude Const. Co., Inc.
Mo. Ct. App. · 1999 · confidence medium
The starting point for identifying the employer liable for a particular occupational disease in applying the last exposure rule is “the last employer to expose the employee to the occupational hazard prior to the filing of the claim.” Johnson v. Denton Construction Co., 911 S.W.2d 286, 288 (Mo. banc 1995). 6.
discussed Cited as authority (rule) Arbeiter v. National Super Markets, Inc.
Mo. Ct. App. · 1999 · confidence medium
On appeal, National urges that this analysis is inconsistent with the Missouri Supreme Court’s analysis in Johnson v" Denton Constmction Co. et al., 911 S.W.2d 286, 288 (Mo.bane 1995) and subsequent appellate court decisions applying the rule of Johnson.
cited Cited as authority (rule) Bull v. Excel Corp.
Mo. Ct. App. · 1999 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Miller v. State Treasurer
Mo. Ct. App. · 1998 · confidence medium
Johnson v. Denton Construction Company, 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Circo v. A-Cord Electric
Mo. Ct. App. · 1998 · confidence medium
Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Knipp v. Nordyne, Inc.
Mo. Ct. App. · 1998 · confidence medium
Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
cited Cited as authority (rule) Lammert v. Vess Beverages, Inc.
Mo. Ct. App. · 1998 · confidence medium
Id.; Johnson v. Denton Const. Co., 911 S.W.2d 286, 288 (Mo. banc 1995).
Retrieving the full opinion text from the archive…
Larry C. JOHNSON, Respondent/Employee
v.
DENTON CONSTRUCTION COMPANY., Et Al., Appellant/Employer
77996.
Supreme Court of Missouri.
Nov 21, 1995.
911 S.W.2d 286
James K. Blickhan, Jeffrey O’Connor, Kansas City, for appellant., Alexander W. Staab, Kansas City, for respondent.
Benton, Holstein, Price, Limbaugh, Robertson, Covington, Crow, White.
Cited by 80 opinions  |  Published
BENTON, Judge.

The Labor and Industrial Relations Commission awarded worker’s compensation benefits to Larry C. Johnson against Denton Construction Company. Denton objects to liability claiming not to be the employer that last exposed Johnson to the hazard of his occupational disease. After opinion by the court of appeals, this Court granted transfer. Mo. Const, art. V., § 10. Affirmed.

I.

Following a layoff, Johnson returned to work for Denton Construction on March 1, 1992, laying concrete 55 to 70 hours, 6 days a week. Ninety percent of the time, Johnson operated a come-along, which required a repetitive hoeing-type motion. The crew worked hard and fast with virtually no breaks.

[*287] About three weeks after returning to work, Johnson began waking in the middle of the night with arm numbness and pain. On March 28, 1992, Johnson’s doctor diagnosed medial epicondylitis, prescribed medication, and gave him splints to wear. In a written note, the doctor advised that Johnson should do light duty and not use a come-along. His boss refused even to look at the note; Johnson continued to work full duty.

When his condition did not improve, Johnson asked again for treatment. Denton sent him to Occupational Medicine Associates on April 14, 1992. An electromyogram of both Johnson’s wrists showed “bilateral carpal tunnel syndrome (left more involved than the right).” Continuing to complain of tingling in his left hand, Johnson returned to Occupational Medicine Associates on April 21, 1992. A doctor there confirmed the earlier diagnosis and advised that Johnson “see a hand surgeon.” However, he was never authorized to see a hand surgeon and was fired a few days after the April 21st visit. Johnson filed this claim for worker’s compensation May 4, 1992, a few days after his termination, listing Denton as his only employer (as admitted in Denton’s answer).

A week or so after leaving Denton, Johnson began employment with Lock and Sand, another construction company. There his job was less strenuous, mainly pulling wire from a truck every 15 minutes and stomping it into poured concrete. The last three weeks of his job, in October 1992, Johnson did use a come-along and shovel to finish concrete. Although some of Johnson’s symptoms improved after leaving Denton, he continued to experience numbness, severe nocturnal pain, and shooting pains in his arms when attempting to pick things up.

The administrative law judge found that Johnson needed surgery to decompress the nerve, and had since March 1992 when first diagnosed with bilateral carpal tunnel syndrome after the onset of nocturnal pain. The ALJ further found that this need for surgery was medically caused by his work for Den-ton. Nevertheless, the ALJ awarded no compensation based on an interpretation of the “last exposure rule,” § 287.063 RSMol986.

The Commission reversed the ALJ, granted temporary total disability benefits, and directed further medical treatment, including decompression surgery. While adopting the factual findings of the ALJ, the Commission reversed because of an erroneous interpretation of the law. As to questions of law, this Court conducts an independent review. § 287.495 RSMol994; see also Alexander v. D.L. Sitton Motor Lines, 851 S.W.2d 525, 527 (Mo. banc 1993).

II.

According to Denton, the Commission erred in finding for Johnson because § 287.063 RSMol986 — the “last exposure rule” — relieves it of liability since Johnson was last exposed to the hazard of his occupational disease while employed at Lock and Sand. Section 287.063.2 RSMol986 provides:

The employer liable for the compensation in this section provided shall be the employer in whose employment the employee was last exposed to the hazard of the occupational disease for which claim is made regardless of the length of time of such last exposure, (emphasis added). [1]

The Commission concluded that this statute places liability “on the employer in whose employment the employee was last exposed to the hazard of the occupational disease prior to the diagnosis of the disease or disability.”

Denton counters that the statute does not refer to “diagnosis” or “disability” and thus cannot be interpreted as the Commission did. Rather, Denton claims that regardless of when the disease developed or was diagnosed, the liable employer is the last employer ever to expose the employee to the occupa[*288] tional hazard. Though the parties earnestly request a ruling on this point, this Court need not address it in order to decide this ease.

In its interpretation of § 287.063, Denton ignores the phrase “for which claim is made.” This phrase makes clear that in order to determine the employer liable for a particular occupational disease, it is first necessary to evaluate the nature of the claim at issue.

Johnson’s claim was clearly for the disease he incurred while working for Denton and had nothing to do with Lock and Sand. Most instructive is the date on which claim was made. Based on the allegations of the claim as admitted in the answer, Johnson filed his claim against Denton immediately after being terminated and prior to starting work with Lock and Sand. The starting point in applying the last exposure rule is that the employer liable for compensation is the last employer to expose the employee to the occupational hazard prior to the filing of the claim. Therefore, Denton was the employer in whose employment Johnson was last exposed to the hazard of the disease for which claim is made.

III.

Denton also argues that the Commission erred as a matter of law in requiring the company to provide Johnson “appropriate medical treatment, including decompression surgery.” Denton asserts that the Commission may not order specific medical procedures.

Two opposing doctors testified about the extent of Johnson’s disease and the treatment needed to relieve his carpal tunnel syndrome. The employer’s doctor testified that Johnson did not need surgery. Johnson’s doctor testified that Johnson did require decompression surgery. The Commission chose to adopt the position of Johnson’s doctor, ordering Denton to provide appropriate treatment, including surgery.

The decision to accept one of two conflicting medical opinions is an issue of fact for the Commission. Marcus v. Steel Constructors, Inc., 434 S.W.2d 475, 479 (Mo. 1968). This Court defers to the Commission on issues involving the credibility of witnesses and the weight given to testimony. Alexander, 851 S.W.2d at 527. The Commission’s finding will not be disturbed unless it is not supported by competent and substantial evidence. Mo. Const, art. V, § 18. Thus, the Commission’s decision to believe Johnson’s doctor regarding decompression surgery is well within the Commission’s authority. See Jacobs v. Ryder System/Complete Auto Tr., 789 S.W.2d 233, 235-36 (Mo. App.E.D.1990). The award is clearly supported by competent and substantial medical evidence.

IV.

The award of the Commission is affirmed.

HOLSTEIN, C.J., PRICE, LIMBAUGH, ROBERTSON and COVINGTON, JJ., and CROW, Special Judge, concur. WHITE, J., not participating because not a member of the Court when case was submitted.
1

. In 1993, section 287.067.7 RSMo. was enacted, providing:

With regard to occupational disease due to repetitive motion, if the exposure to the repetitive motion which is found to be the cause of the injury is for a period of less than three months and the evidence demonstrates that the exposure to the repetitive motion with a prior employer was the substantial contributing factor to the injury, the prior employer shall be liable for such occupational disease.