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 provided by law.

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

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

VACANT

Member

Attest:

John J. Hickey, Member

Secretary

Employee: Earlene Rukcic

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: St. Louis Public Schools

Additional Party: Second Injury Fund

Insurer: Management Services, Inc.

Hearing Date: March 1, 2004

Injury No.: 00-078893

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: CTL:tr

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: June 30, 2000
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 was on playground duty and stepped back on rock twisting her knee.
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: Left knee
14. Nature and extent of any permanent disability: 25 % permanent partial disability of left knee
15. Compensation paid to-date for temporary disability: $\ 3,718.00
16. Value necessary medical aid paid to date by employer/insurer? $\ 3,774.52

Employee: Earlene Rukcic Injury No.: 00-078893

1. Value necessary medical aid not furnished by employer/insurer? N/A
2. Employee's average weekly wages: $\ 886.93
3. Weekly compensation rate: $\$ 578.48 / \ 303.01
4. Method wages computation: Agreement

1. Amount of compensation payable:

40 weeks of permanent partial disability from Employer $\ 12,120.40

1. Second Injury Fund liability: Yes

52.26 weeks of permanent partial disability from Second Injury Fund $\ 15,835.30

TOTAL:

1. Future requirements awarded: N/A

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

James J. Sievers, Jr.

A hearing was held in the above-mentioned matter on March 1, 2004. The Claimant, Earlene Rukcic, was represented by Attorney James Sievers, Jr. and the Employer was represented by Attorney Robin Jefferson. The Second Injury Fund was represented by Attorney Emily Kelly.

The parties stipulated to the following:

1. The Employer and Claimant were operating under and subject to the provisions of the Missouri Workers' Compensation Law;
2. The Claimant's average weekly wage was $\ 886.93;
3. The rate of compensation for TTD was $\ 578.48 and the rate of PPD was $\ 303.01;
4. The Claimant sustained an accident arising out of and in the course and scope of her employment occurring in St. Louis City, Missouri; and
5. The Employer has paid medical expenses in the amount of $\ 3,774.52 and TTD benefits in the amount of $\ 3,718.00.

The issues to be resolved in this proceeding are:

1. Nature and extent of permanent partial disability; and
2. Liability of the Second Injury Fund.

total of 522.6 weeks.

1. I find that the synergistic effect of the injuries work in concert with each other to create additional disability best represented by a loading factor of 10 % for a total of 52.26 weeks at $\ 303.01 for a total award of $\ 15,835.30 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 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

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

Injury No.: 00-170577

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: December 18, 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 provided by law.

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

William F. Ringer, Chairman

VACANT

Member

John J. Hickey, Member

Employee: Earlene Rukcic

Injury No.: 00-170577

Dependents: N/A

Before the

Division of Workers'

Employer: St. Louis Public Schools

Additional Party: Second Injury Fund

Department of Labor and Industrial

ReIations of Missouri

Jefferson City, Missouri

Insurer: Management Services, Inc.

Hearing Date: March 1, 2004

Checked by: CTL:tr

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: December 18, 2000
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 was on the school bus for a field trip assisting a sick child when the bus slid on ice forcing Claimant to fall down the bus steps.

1. Did accident or occupational disease cause death? No Date of death? N/A

1. Part(s) of body injured by accident or occupational disease: Right knee, back, neck and right shoulder
2. Nature and extent of any permanent disability: 20 % body as a whole due to injuries to right knee, back, neck and right shoulder
3. Compensation paid to-date for temporary disability: -0 -
4. Value necessary medical aid paid to date by employer/insurer? \$3,069.01

Employee: Earlene Rukcic Injury No.: 00-170577

1. Value necessary medical aid not furnished by employer/insurer? N/A
2. Employee's average weekly wages: $\ 886.93
3. Weekly compensation rate: $\$ 599.96 / \ 314.26
4. Method wages computation: Agreement

1. Amount of compensation payable:

80 weeks of permanent partial disability from Employer $\ 25,140.80

1. Second Injury Fund liability: Yes

60.24 weeks of permanent partial disability from Second Injury Fund $\ 18,931.02

TOTAL: $\ 44,071.82

1. Future requirements awarded: N/A

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

James J. Sievers, Jr.

A hearing was held in the above-mentioned matter on March 1, 2004. The Claimant, Earlene Rukcic, was represented by Attorney James Sievers, Jr. and the Employer was represented by Attorney Robin Jefferson. The Second Injury Fund was represented by Attorney Emily Kelly.

The parties stipulated to the following: 11. The Employer and Claimant were operating under and subject to the provisions of the Missouri Workers’ Compensation Law; 12. The Claimant’s average weekly wage was $\ 886.93 per week; 13. The rate of compensation for TTD was $\ 599.96 and the rate for PPD was $\ 314.26; 14. The Claimant sustained an accident arising out of and in the course and scope of her employment occurring in St. Louis City, Missouri; and 15. The Employer has not paid medical expenses and TTD benefits have been paid in the amount of $\ 3,069.01.

The issues to be resolved in this proceeding are: 5. Nature and extent of permanent partial disability; and 6. Liability of the Second Injury Fund.

The Claimant offered the following exhibits:

The Employer offered the following exhibits: Exhibit 1. Dr. Kostman. Exhibit 2. Dr. Sandra Tate. Exhibit 3. Dr. Anthony Sudekum. Exhibit 4. Dr. Wetzel. Exhibit 5. Dr. Bassett. The Second Injury Fund offered no exhibits.

1. Claimant, Earlene Rukcic, was born September 26, 1947 and was 56 years of age at the time of the hearing.
2. Claimant was a teacher for the St. Louis Public School District for approximately thirty years.
3. Claimant is a college graduate who received a Master’s in Education and began a teaching career teaching

eighth graders and then kindergarteners in the St. Louis Public School District.

1. On December 18, 2000 Claimant was on a field trip with her class when she fell down the steps of a school bus and injured her neck, back, right shoulder and knee.
2. Claimant was treated by Dr. Sandra Tate for her injuries. The doctor gave her medication including steroid injections and Tretropran injections and Claimant was released from her care at maximum medical improvement on March 19, 2001.
3. Dr. David T. Volarich testified very credibly that as a result of the Claimant's injuries on December 18, 2000 he felt that Claimant sustained a 15 % permanent partial disability of the body as a whole rated at the cervical spine due to the strain injury, the cervical strain and the aggravation of her cervical spine, degenerative arthritis at the C3-4 level, 15 % permanent partial disability of the body as a whole rated at the lumbosacral spine due to the aggravation of her lumbar degenerative arthritis at L4-5, 20\% permanent partial disability of the right upper extremity at the shoulder due to the aggravation of her degenerative arthritis in the right shoulder, and 15 % permanent partial disability of the right lower extremity rated at the knee due to the contusion aggravation of her degenerative arthritis.
4. Claimant has sustained, prior to her primary injury of December 18, 2000, the following preexisting injuries: 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 a herniation in her low back for a total of 80 weeks; 12.5 % permanent partial disability of the body as a whole due to cervical syndrome for a total of 50 weeks; 20 % permanent partial disability of the left arm at the shoulder for a total of 46.4 weeks; 15 % permanent partial disability of the body as a whole rated resulting from three hernia operations for a total of 60 weeks; 40 % permanent partial disability of the right wrist for a total of 70 weeks; 20 % permanent partial disability for psychiatric problems for a total of 80 weeks; and 25 % permanent partial disability of the right knee for a total of 40 weeks or a total of 522.4 weeks of preexisting injuries plus, as a result of the primary injury to the neck, back, right shoulder and right knee of Claimant's body, 20 % permanent partial disability of the body as a whole for a total of 80 weeks.
5. The above findings as to the permanent partial disability of the primary injury as well as the permanent partial disability of the preexisting injuries was a result of the medical records and depositions and the very credible testimony of Dr. Volarich and Dr. Stillings.

I find from the substantial weight of the evidence:

1. The opinions of Dr. David Volarich and Dr. William Stillings are probative and unrebutted.
2. I find that Claimant sustained 20 % permanent partial disability of the body as a whole as a result of the injuries she sustained on December 18, 2000 to her neck, back, right shoulder and right knee for a total of 80 weeks of permanent partial disability at $\ 314.26 per week for a total of $\ 25,140.80.
3. I find that Claimant sustained the preexisting injuries to the primary injury, to wit: 20 % 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 a disc herniation in the low back for a total of 80 weeks; 12.5 % permanent partial disability of the body as a whole as a result of cervical syndrome for a total of 50 weeks; 20 % permanent partial disability of the left arm at the shoulder for a total 46.4 weeks; 15 % permanent partial disability of the body as a whole as a result of three hernias for a total of 60 weeks; 40 % permanent partial disability of the right wrist for a total of 70 weeks; 20 % permanent partial disability for psychiatric problems for a total 80 weeks; and 25 % permanent partial disability of the right knee for a total of 40 weeks for a total of 522.4 weeks of preexisting disability plus 80 weeks of permanent partial disability due to the primary injury for a total of 602.4 weeks.
4. I find that there is a synergistic effect to these injuries and that they work in concert with each other to create additional disability. This synergistic disability is best represented by a loading factor of 10 % for a total of 60.24 weeks at $\ 314.26 per week for a total of $\ 18,931.02 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