In the early morning of September 10, 2002, this forty-nine year old claimant, a truck driver, slipped on an oily step while entering his truck before leaving the company grounds for his normal route. When he slipped, the claimant's left arm became entangled on the metal support handle causing him to be suspended in mid air, being held aloft by his left arm and shoulder. The claimant was suspended in mid air for several minutes until he freed
himself. The claimant described immediate pain in his left shoulder, neck, and left arm.
The claimant left work after the injury and drove himself from his work in St. Louis to Parkland Health Center, near his home. The claimant arrived at Parkland at 7:23 A.M. See Exhibit A. At the emergency room, the physician diagnosed a left shoulder strain; applied a shoulder immobilizer; performed x-rays; and prescribed muscle relaxers and anti-inflammatories. The emergency room referred the claimant to Dr. Harris, an orthopedist, who examined the claimant on September 12, 2002, and diagnosed a ligamentous sprain and strain of the brachial plexus as well as the musculature of the shoulder, prescribed physical therapy, and advised the claimant to return to his office in several weeks. On September 26 and October 10, 2002, Dr. Harris examined the claimant and found little improvement, prompting Dr. Harris to recommend an MRI of the thoracic spine on October 30, 2002, which was negative. See Exhibit C. On November 18, 2002, a shoulder MRI prompted the claimant to go to Dr. Hulsey, a shoulder surgeon. See Exhibit D.
Dr. Hulsey undertook treatment in December 2002 and treated the claimant through March 11, 2004, performing two surgeries to the left shoulder. the first on January 14, 2003, was an arthroscopy with debridement of superior labral tear, subachromial decompression, and open excision of ganglion, spinoglenoid notch. See Exhibit H. See Exhibits F and G. On September 2, 2003, Dr. Hulsey performed a second surgery, an arthroscopy with flap lesion repair and excision of distal clavicle. See Exhibit I. The claimant received additional physical therapy and Dr. Hulsey wrote a work/activity release permanently limiting him to 10 pounds of lifting and 10 pounds of carrying with no climbing, no above shoulder work, and no overhead work. See Exhibit J. Dr. Hulsey's office record shows different restrictions than the claimant's original work/activity release, which he produced at trial.
The claimant has never been able to return to his prior employment, is unable to lift his arm above his shoulder, and has constant pain, numbness, and tingling in his left arm and hand. The claimant testified that his neck pain is better but his primary problem now is pain in the left shoulder. The shoulder pain prevents him from sleeping more than on and one half to two hours, because he has to sleep in a chair or recliner. The claimant is plagued by constant headaches that emanate from his neck and shoulder region and his activities are extremely limited. The claimant keeps his left arm tucked against his abdomen to avoid moving the shoulder. The claimant is unable to perform his previous job as a truck driver due to his limitations.
The claimant did not finish high school, completing only through the tenth grade, joined the Air Force as a teenager, and received a medical discharge after suffering a hernia after only six months in the military. The claimant never received a GED equivalency. The claimant had no other technical or trade school training and for the past thirty years of his working career drove trucks or operated heavy machinery. The claimant has never used business or office machines or worked in sedentary employment. The claimant worked for this employer from November 1998 through the date of his injury, September 10, 2002. As a truck driver, the claimant loaded and unloaded his truck at frequent delivery stops all day, lifting products he was required to deliver, often in excess of one hundred pounds.