Scott Davis v. St. John's Regional Health Systems, Inc.

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: January 28, 2000
5. State location where accident occurred or occupational disease was contracted: Springfield, Greene County, Missouri
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? Self-insured
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Claimant injured back lifting patients
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: Back; body as a whole
14. Nature and extent of any permanent disability: Permanent Total Disability
15. Compensation paid to-date for temporary disability: $26,291.95
16. Value necessary medical aid paid to date by employer/insurer? $47,990.61
17. Value necessary medical aid not furnished by employer/insurer?
18. Employee’s average weekly wages: 324.69
19. Weekly compensation rate: 216.52
20. Method wages computation: Stipulated

1. Amount of compensation payable:

Unpaid medical expenses: $285.91

-0- weeks of temporary total disability (or temporary partial disability)

-0 -weeks of permanent partial disability from Employer

-0 -weeks of disfigurement from Employer

Permanent total disability benefits from Employer beginning May 26, 2002, for Claimant's lifetime

1. Second Injury Fund liability: Yes No X Open

weeks of permanent partial disability from Second Injury Fund

Uninsured medical/death benefits

Permanent total disability benefits from Second Injury Fund:

weekly differential () payable by SIF for weeks beginning

and, thereafter, for Claimant's lifetime

TOTAL: \$285.91 PLUS \$216.52 FROM MAY 26, 2002

1. Future requirements awarded: As set out in award

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: Larry J. Pitts

Employee: Scott Davis

Injury No: 00-011162

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents:

Employer: St. John's Regional Health Systems, Inc.

Additional Party Treasurer of the State of Missouri

Insurer: Self-insured

Checked by: DLZ

On the $11^{\text {th }}$ day of August, 2004, the parties appeared before the undersigned Associate Administrative Law Judge

for final hearing. The Claimant appeared in person and by his attorney, Larry J. Pitts. The Employer appeared by its attorney, Jacinda Thudium. The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, appeared by Assistant Attorney General Cara Harris.

The parties have entered into a stipulation as to certain facts which are not at issue in this claim as follows, to wit: On or about the $28^{\text {th }}$ day of January, 2000, St. John's Regional Health Systems, Inc., was an employer operating subject to the Missouri Workers' Compensation Law; the Employer's liability was fully self-insured; on the alleged injury date of January 28, 2000, Scott Davis was an employee of the Employer; the Claimant was working subject to the Missouri Workers' Compensation Law; the parties agree that on or about January 28, 2000, Claimant sustained an accident/occupational disease which arose out of the course of and scope of employment; the employment occurred in Greene County, Missouri, and the parties agree that Greene County, Missouri, is the proper venue for this hearing; the Claimant notified the Employer of his injury as required by Section 287.420; the Claimant's claim was filed within the time prescribed by Section 287.430; at the time of the claimed accident/occupational disease, Claimant's average weekly wage was $\ 324.69, sufficient to allow a compensation rate of $\ 216.52, for temporary total disability, permanent partial disability, and permanent total disability; temporary total disability benefits have been paid prior to the date of this hearing in the amount of $\ 26,291.95; the parties further agree that Claimant received temporary total disability benefits from February 4, 2000, through May 26, 2002, the Employer has paid medical benefits in the amount of $\ 47,990.61; the Claimant's attorney seeks approval of an attorney fee of 25 % of the amount of any award;

Whether the Employer is obligated to pay for past medical expenses.

Whether the Claimant has sustained injuries that will require future medical care in order to cure and relieve the Claimant of the effects of the injuries.

The nature and extent of any permanent disabilities.

The liability of the Second Injury Fund for permanent total disability/enhanced permanent partial disability.

A legal file was established consisting of the following documents, to wit: Report of Injury, Claim for Compensation, Answer of Employer to Claim for Compensation, and Answer of the Treasurer of the State of Missouri, as Custodian of the Second Injury Fund.

Tina Davis, spouse of Claimant, testified on behalf of Claimant. Mrs. Davis testified that she is a registered nurse by occupation and that she has been married to Claimant for five years and that they have two children, ages 7 years and 2 years. Mrs. Davis testified that prior to January 28, 2000, Claimant could do anything he wanted, including mowing the lawn, planting around the house, maintenance on the house, playing with the children. Claimant rode an ATV from time to time and loved "messing with the cows." She further testified that prior to January 28, 2000, she and Claimant divided the household chores and that Claimant took care of the outside of the property and she did the cooking and most of the housekeeping, although Claimant would sometimes help with vacuuming and other household chores. Mrs. Davis testified that Claimant exhibited no indications of any mental problems prior to January 28, 2000.

Mrs. Davis testified that since January 28, 2000, she has had to hire yard work done and that there are no flowerbeds around the house because Claimant can no longer do that type of activity. She further testified that she now requires a housekeeper from time to time to keep up housework because Claimant cannot help. Mrs. Davis testified that when Claimant does try to help her around the house, he pays for it for the next couple of days due to the pain Claimant experiences from the activity. Mrs. Davis further testified that Claimant becomes angry and mean because of his pain and that she thinks of

herself as a single parent sometimes.

Claimant testified on his own behalf. Scott Davis testified that his birthday is February 11, 1971. He is married to Tina Davis, and they have two children, ages 7 years and 2 years. Claimant graduated from Miller High School and attended Drury University nursing program for two years. Claimant also has 3 months of training at Crowder College in over-theroad truck driving. Claimant testified that he is 6 feet 1 inch in height, although he was 6 feet 4 inches tall prior to his January 28, 2000, injury. Claimant testified that his current body weight is 489 pounds and that prior to January 28, 2000, his body weight was between 350-360 pounds. Claimant testified that as an adult, he has weighed as low as 300 pounds and he has weighed as much as 550 pounds. Claimant attributes his weight gain since January 28, 2000, to his inability to exercise or do normal exertional activities. Claimant is right-hand dominant.

Claimant testified as to his work history, which consisted of several different types of occupations. Claimant began working for St. John's Regional Health Systems, Inc., Employer herein, in 1989 in the food service department delivering food to the floors of the hospital. During his first tenure of employment with Employer, Claimant suffered an injury to his left ankle, which resulted in surgery, from which, Claimant states he had a good recovery. Claimant testified that his ankle injury did not interfere with his ability to work.

Claimant was next employed at the Little Tykes Toy Company from 1992 through 1994 as a powder hand helper where Claimant's job task involved filling large buckets with powder for the plastic molds. Claimant testified that his job was very physically demanding and that he was on his feet all day. Claimant had no problem with his ankle and did not suffer any work-related injuries at this employment.

Claimant next was employed at Accurate Plastics through Penmac Employment Service from 1994 to1995. Claimant's job task at this employment required him to repeatedly lift 50-pound bags of plastic into a hopper. Claimant had no problem with his ankle at this job and suffered no work-related injuries.

Claimant was next employed at American Dehydrated Foods during 1995 and 1996. Claimant's job task involved packing 50-pound bags of dog food supplement product, stacking 40 bags on a palette, and moving the palette to a warehouse area. Claimant consistently lifted as much as 100 pounds at this job. Claimant had no problem with his ankle at this job and suffered no work-related injuries.

Claimant's next employment was Daniels Tr