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John Hoff v. St. Clair R-XIII School District

Decision date: January 13, 200620 pages

Summary

The Commission affirmed the Administrative Law Judge's award, finding that the employee sustained compensable injuries to his right ankle and knee from a work-related fall on July 26, 2000. The decision awards temporary or partial benefits with proceedings kept open for a final award.

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This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

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Caption

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION
TEMPORARY OR PARTIAL AWARD (Affirming Award and Decision of Administrative Law Judge)
Injury No.: 00-081801
Employee:John Hoff
Employer:St. Clair R-XIII School District
Insurer:MUSIC c/o Gallagher Bassett Services
Additional Party:Treasurer of Missouri as Custodian of Second Injury Fund
Date of Accident:July 26, 2000
Place and County of Accident: Franklin County, Missouri
The above-entitled workers’ compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided bysection 287.480 RSMo, which provides for review concerning the issue of liability only in accordance with the Preliminary Order in Mandamus dated December 8, 2005. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commissionfinds that the award of the administrative law judge in this regard 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 and adopts the award and decision of the administrative law judge dated April 15, 2005, as supplemented herein.All of the testimony and contemporaneous medical records consistently reflect that employee fell while working on July 26, 2000, and twisted his right ankle and right knee. Dr. Bonney’s records reflect that employee was treated on July 30, 2000, at Urgi-Care where examination revealed employee had a swollen, tender ankle and abrasions on his knee. These medical observations are consistent with employee’s description of his work fall. The administrative law judge’s conclusion that employee sustained injuries by accident arising out of and in the course of employment is supported by competent and substantial evidence.This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of section 287.510 RSMo.The award and decision of Administrative Law Judge Kevin Dinwiddie issued April 15, 2005, is attached and incorporated by this reference.Given at Jefferson City, State of Missouri, this ___ 13th _ day of January 2006.LABOR AND INDUSTRIAL RELATIONS COMMISSION
NOT SITTING William F. Ringer, Chairman
Alice A. Bartlett, Member
John J. Hickey, Member
Secretary
TEMPORARY OR PARTIAL AWARD

TEMPORARY OR PARTIAL AWARD

Employee: John Hoff

Injury No. 00-81801

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Employer: St. Clair R-XIII School District

Add. Party: State Treasurer, as Custodian of the

Second Injury Fund

Insurer: MUSIC c/o Gallagher Bassett Services

Hearing Date: 4/27/04; 7/14/04; 8/18/04, finally submitted 3/24/05 Checked by: KD:df

FINDINGS OF FACT AND RULINGS OF LAW

  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: $7 / 26 / 00$
  5. State location where accident occurred or occupational disease contracted: Franklin County, MO
  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 happened or occupational disease contracted: Claimant suffered injury at work while performing duties of a custodian.
  12. Did accident or occupational disease cause death? No Date of death? n/a
  13. Parts of body injured by accident or occupational disease: Knee and back
  14. Compensation paid to-date for temporary disability: None
  15. Value necessary medical aid paid to date by employer/insurer? \$2,956.30
  16. Value necessary medical aid not furnished by employer/insurer? See Award
  1. Employee's average weekly wages: $\ 528.82
  2. Weekly compensation rate: $\$ 352.21 / \ 314.26
  3. Method wages computation: By agreement of the parties

COMPENSATION PAYABLE

  1. Amount of compensation payable:

See Award as to past medical expense, future medical care, temporary total disability, and as to costs and costs of recovery.

TOTAL: SEE AWARD

Each of said payments to begin as of the date of this Award and be subject to modification and review as provided by law. This award is only temporary or partial, is subject to further order, and the proceedings are hereby continued and the case kept open until a final award can be made.

IF THIS AWARD IS NOT COMPLIED WITH, THE AMOUNT AWARDED HEREIN MAY BE DOUBLED IN THE FINAL AWARD, IF SUCH FINAL AWARD IS IN ACCORDANCE WITH THIS TEMPORARY AWARD.

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:

Daniel J. McMichael

FINDINGS OF FACT and RULINGS OF LAW:

Employee:John HoffInjury No: 00-81801
Before the DIVISION OF WORKERS' COMPENSATION
Department of Labor and Industrial Relations of Missouri
Jefferson City, Missouri
Employer:St. Clair R-XIII School District
Add. Party:State Treasurer, as Custodian of the Second Injury Fund
Insurer:MUSIC c/o Gallagher Bassett Services
Checked by: KD:df

The claimant, Mr. John Hoff; the involved employer, St. Clair RXIII School District; and the State Treasurer, as Custodian of the Second Injury Fund, appeared at hearing by and through their counsel and entered into certain stipulations and agreements as to the issues and evidence to be presented in this claim for compensation. The claimant has filed for a hardship hearing setting, and seeks a temporary or partial award. The issues to be resolved at hearing are as follows:

Injury by accident arising out of and in the course of employment; Medical causation; Liability for past medical expense; Future medical care; Temporary total disability; and Costs/Cost of recovery under Sections 287.203 and 287.560 RSMo. The claimant, Mr. John Hoff, appeared at hearing and testified on his own behalf. The claimant elicited testimony at hearing from Oliver "Wayne" Curry, Gordon Reed, and from his wife, Ms. Joyce Hoff. Claimant further submitted his prior deposition testimony, and the deposition testimony of the following: Dr. Michael Nogalski; Dr. Ronald C. Hertel; Dr. Patrick Hogan; Dr. Thomas D. Matthews; Ms. Joyce Hoff; Chad Johnmeyer; Michael Wildeisen; Ms. Jan Klosterman; Ms Linda Phillips; Henry Hildebrand; and Elvin Thebeau.

The employer elicited testimony at hearing from David Vogt, Jason Vermeiren, Jim Wagner, Christopher Long, Ph.D., and Dr. Michael Ralph. The employer further submitted the deposition testimony of Richard T. Katz, M.D.

EXHIBITS

Claimant’s Exhibits A through Q, S through X, Z, BB, CC, GG, HH, II, and JJ are in evidence. Objection to Claimant’s Exhibits R and FF sustained; those exhibits are not in evidence. Claimant’s Exhibits Y, AA, DD, and EE were marked, but not offered. Employer and Insurer’s Exhibit Numbers 1,2, and 3 are in evidence.

FINDINGS OF FACT AND RULINGS OF LAW

A history as to this claim for compensation might provide a helpful backdrop to a brief summary of the testimony of the numerous witnesses called by the employee and employer. Mr. John Hoff alleges to have suffered a right knee injury at work on July 26, 2000, while performing his duties as a maintenance man for the St. Clair School District. Claimant relates that he got one of his shoelaces trapped under a door while entering one of the school buildings, causing him to fall onto his right knee. Claimant immediately advised his supervisor of the injury, but did not seek medical treatment until July 31, 2000, when he was referred to Dr. Bonney at Urgicare (Urgicare records contained within Claimant’s Exhibit P).

Claimant was diagnosed as having a right ankle sprain and an abrasion/contusion of the right knee. Dr. Bonney placed the right ankle in an air cast splint, and allowed the claimant to return to work the following day. Claimant continued to work, and did not seek any further treatment until a return to Dr. Bonney on 9/18/00. At his second visit to Dr. Bonney, Mr. Hoff complained of pain going up and down steps, and of a locking sensation in the medial knee. Claimant was referred to Dr. Nogalski for an orthopedic evaluation for what Dr. Bonney supposed was a probable medial meniscus tear of the right knee.

On 9/25/00 Dr. Nogalski documented the following history in his letter to Gallagher Bassett dated 9/25/00 (See Claimant's Exhibit P, the records of Dr. Nogalski):

He caught his shoestring while walking through a doorway and twisted his right knee awkwardly. He has had continued soreness and pain in the right knee with some swelling. He has had episodes in which his knee has caught and he has fallen down. He has continued to work at full duty. He states he fell at work last week and scraped both elbows because of this....

Dr. Nogalski examined the knee, noted effusion and tenderness along the medial joint line, and ordered an MRI for a suspected torn medial meniscus. Claimant went so far as to have an initial consultation for physical therapy at St. John's in Washington, Missouri relative to the suspected meniscus tear, when the results of the MRI taken on 9/27/00 (See Exhibit 9 to the deposition of Dr. Hertel, Claimant's Exhibit F) revealed "Posterior cruciate ligament tear with apparent detachment of the cruciate ligament from it's insertion into the posterior central tibia". Dr. Nogalski performed a follow up evaluation on 10/16/00. Physical therapy records dated 9/27/00 indicate "Patient's right knee appears to be extremely edematous compared to the left...". A physical therapy record dated 10/6/00 suggests that observation revealed moderate to severe edema of the right knee. Claimant appears to have attended as many as six physical therapy sessions through 10/6/00.

On 10/6/00 Dr. Nogalski concluded that the claimant suffered from a tear of the pcl; chose to treat nonoperatively; and recommended a continued strengthening treatment at home. He further declined to recommend the use of a pcl brace; recommended a return to full duty; and released Mr. Hoff from his care.

Claimant continued to suffer giving way of his knee, to the point that he chose to take his four- prong cane to work to provide for protection against instability of the knee. The employer declined to have the claimant at work sporting a cane, and on 11/6/00 the claimant was referred to Dr. Nogalski for further evaluation. Dr. Nogalski noted similar findings as in his prior exam on 10/6/00, save for a lump in the pretibial region believed to be new. He concluded that claimant would be capable of an attempt to return to full duties with respect to the knee, noting that "other issues" might cause problems.

Claimant then chose to get a second opinion from Dr. Thomas Matthews. Claimant had a prior history of treatment with Dr. Matthews, who in December of 1999 had provided claimant with a corticosteroid injection to take care of complaints relative to the left knee. Dr. Matthews had also been treating Mr. Hoff for fracture to his left wrist suffered as a consequence of falling at home after having had a seizure in June of 2000.

On 11/14/00 Dr. Matthews performed an evaluation of the right knee; noted that diagnostics revealed a posterior avulsion type injury consistent with pcl rupture; and advised claimant to wear his knee sleeve brace at all times when wal

Full decision text continues in the plain-text archive copy.

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