Earline Rukcic v. St. Louis Public Schools

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 98-116395

Employee: Earlene Rukcic

Employer: St. Louis Public Schools

Insurer: Management Services, Inc.

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

Date of Accident: September 15, 1998

Place and County of Accident: St. Louis City, Missouri

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by section 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 Act. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated April 21, 2004. The award and decision of Administrative Law Judge Cornelius T. Lane, issued April 21, 2004, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $\underline{8^{\text {th }}}$ day of February 2005.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Member

Attest:

John J. Hickey, Member

Secretary

1. Are any benefits awarded herein? Yes
2. Was the injury or occupational disease compensable under Chapter 287? Yes
3. Was there an accident or incident of occupational disease under the Law? Yes
4. Date of accident or onset of occupational disease: September 15, 1998
5. State location where accident occurred or occupational disease was contracted: St. Louis City
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of the employment? Yes
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:

Claimant grabbed a large metal drawer to prevent it from striking a student causing injury to her wrist. 12. Did accident or occupational disease cause death? No Date of death? N/A 13. Part(s) of body injured by accident or occupational disease: Right wrist 14. Nature and extent of any permanent disability: 40 % permanent partial disability of right wrist 15. Compensation paid to-date for temporary disability: $\ 5,707.08 16. Value necessary medical aid paid to date by employer/insurer? $\ 14,761.41

Employee: Earlene Rukcic Injury No.: 98-116395 17. Value necessary medical aid not furnished by employer/insurer? N/A 18. Employee's average weekly wages: $\ 850.93 19. Weekly compensation rate: $\$ 562.67 / \ 294.73 20. Method wages computation: Agreement

1. Amount of compensation payable:

1. Preexisting the primary injury to the Claimant's right wrist, Claimant suffered from a 30 % permanent partial disability of the right knee as a result of the right knee surgery; 30 % permanent partial disability of the left knee due to left knee surgery; 20 % permanent partial disability of the body as a whole due to the low back injury when she sustained a disc herniation at L5-S1; 12.5 % permanent partial disability of the body as a whole rated at the cervical neck due to cervical syndrome; 20 % permanent partial disability of the left upper extremity rated at the shoulder due to the chronic impingement syndrome; and 15 % permanent partial disability of the body as a whole rated at the abdominal wall due to the three hernia repairs.
2. The above findings are the result of the medical records and depositions and testimony of Dr. Volarich and Dr. Stillings.

I find from the substantial weight of the evidence:

1. The opinions of Dr. David T. Volarich and Dr. William A. Stillings are probative and unrebutted.
2. I find the Claimant sustained 40 % permanent partial disability of the right wrist, to wit 70 weeks at $\ 294.73 per week for a total of $\ 20,631.10 to be payable by the Employer.
3. I find the Claimant sustained the following preexisting injuries to the primary injury to wit; 30 % permanent partial disability of the right knee for a total of 48 weeks, 30 % permanent partial disability of the left knee for a total of 48 weeks, 20 % permanent partial disability of the body as a whole as a result of the herniation in the low back at L5 for a total of 80 weeks, and 12.5 % permanent partial disability of the body as a whole due to the cervical sprain for a total of 50 weeks, 20 % permanent partial disability of the left shoulder for a total of 46.4 weeks and 15 % permanent partial disability of the body as a whole due to the three hernias for a total of 60 weeks for a total of 332.4 weeks of preexisting disability plus the 70 weeks of permanent partial disability due to the primary injury for a total of 402.4 weeks.
4. I find that the synergistic effect of the injuries work in concert with each other to create additional disability which is represented by a loading factor of 10 % for a total of 40 weeks at $\ 294.73 for a total award of $\ 11,789.20 against the Second Injury Fund due to the fact that the primary injury and the preexisting injuries are significantly greater than their simple sum. Thus, the Second Injury Fund is liable for the amount of the increase in disability caused by the synergistic effect of the prior injuries and the primary injury.

A true copy: Attest:

Reneé T. Slusher

Director

Division of Workers' Compensation

Injury No.: 00-078893

Employee: Earlene Rukcic

Employer: St. Louis Public Schools

Insurer: Management Services, Inc.

Date of Accident: June 30, 2000

Place and County of Accident: St. Louis City, Missouri

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by section 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 Act. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated April 21, 2004. The award and decision of Administrative Law Judge Cornelius T. Lane, issued April 21, 2004, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provi