Janet Hadley v. St. Joseph Health Center

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (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 August 23, 2005. The award and decision of Administrative Law Judge Koren M. Mueller, issued August 23, 2005, is attached and incorporated by this reference.

As to the issue of future medical care treatment, and in order to clarify any possible misinterpretation of the award issued by the Administrative Law Judge, the Commission affirms these findings by the Administrative Law Judge: "However, claimant did establish that, to a reasonable probability, she needs future psychiatric treatment. Dr. Stillings recommended future psychiatric treatment consisting of pharmacotherapy and psychotherapy. Dr. Bassett agreed with that recommendation. Therefore, I find that employer is to provide future psychiatric care consistent with those recommendations."

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 $\underline{21^{\text {st }}}$ day of March 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Secretary

FINAL AWARD

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: April 14, 2002
5. State location where accident occurred or occupational disease was contracted: St. Charles County
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? $\mathrm{n} / \mathrm{a}$
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Claimant was injured while lifting a patient at work.
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: Low back, body as a whole
14. Nature and extent of any permanent disability: 20 % of the body as a whole referable to low back; 20 % of the body as a whole referable to psychiatric condition
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? $\ 6,731.67
17. Value necessary medical aid not furnished by employer/insurer? $\ 12,420.00
18. Employee's average weekly wages: $\ 814.06
19. Weekly compensation rate: $\$ 542.71 / \ 329.42
20. Method wages computation: By stipulation

1. Amount of compensation payable:

Unpaid medical expenses: $\ 12,420.00 9 weeks of temporary total disability (or temporary partial disability) at $\ 542.71

160 weeks of permanent partial disability from Employer at $\ 329.42 for a total of...\$ 52,707.20

1. Second Injury Fund liability: Yes

Permanent total disability benefits from Second Injury Fund:

$\ 213.29 weekly differential payable by SIF for 160 weeks beginning

May 1, 2003 and, thereafter, $\ 542.71 for Claimant's lifetime

TOTAL:

1. Future requirements awarded:

Said payments to begin as of date of award 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:

Ray B. Marglous

Employee: Janet Hadley

Injury No: 02-032961

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Employer: St. Joseph Health Center

Add. Party: State Treasurer, as Custodian of the

Second Injury Fund

Insurer: Sedgwick Claims Management Services

Checked by: KMM:bb (by df)

A hearing was held on January 11, 2005 at the St. Charles Division of Workers' Compensation office. Post-hearing briefs were submitted by March 14, 2005 after an extension of time was granted. Therefore the claim was finally submitted on March 14, 2005. The hearing concerned both the Employer/Insurer and Second Injury Fund. Janet Hadley

(herein after "Claimant") was represented by Ray B. Marglous. The Employer, St. Joseph Health Center, was represented by Heidi A. Jennings. The Second Injury was represented by Barbara Toepke. Mr. Marglous requested a fee of 25 % of all benefits.

The parties stipulated that on or about April 14, 2002, Claimant while in the employment of St. Joseph Health Center sustained an injury by accident arising out of and in the course of employment in St. Charles County, Missouri. The parties stipulated that Claimant's average weekly wage was $\ 814.06 and that the applicable compensation rates are $\$ 542.71 / \ 329.42 respectively. Claimant was not paid temporary total disability compensation to date and medical aid was provided in the amount of $\ 6731.67.

The parties agreed and stipulated that the issues for disposition in this case are as follows:

1. Medical Causation
2. Liability for past medical expenses
3. Future medical care
4. Nature and extent of temporary total disability
5. Nature and extent of permanent partial disability
6. Nature and extent of permanent total disability
7. Second Injury Fund Liability

Claimant offered the following exhibits which were admitted into evidence without objection except for those objections contained within the deposition transcripts:

Claimant's Exh. A: James M. England, Jr. Deposition

Claimant's Exh. B: Wayne A. Stillings, M.D. Deposition

Claimant's Exh. C: Jerome F. Levy, M.D. Deposition

Claimant's Exh. D: Medical records of Neurosurgical Associates, Inc.

Claimant's Exh. E: Medical records of Metro Neurosurgery

Claimant's Exh. F: Medical records of St. Charles Psychiatric

Employer offered the following exhibits which were admitted into evidence without objection except for those objections contained within the deposition transcripts:

Employer's Exh. 1: John R. Wagner, M.D. Deposition

Employer's Exh. 2: Gregg Basset, M.D. Deposition

Employer's Exh. 4: SSM Corporate Health records

Employer's Exh. 5: St. Charles Clinic records

Employer's Exh. 6: St. Charles Clinic records

Employer's Exh. 7: Division of Workers' Compensation records

Employer's Exh. 8: NHC Healthcare of St. Charles records

Employer's Exh. 9: McKnight Place employment records

Employer's Exh. 10: Rosewood Care Center of St. Louis employment

records

The Second Injury Fund offered the following exhibits which were admitted into evidence without objection except for those objections contained within the deposition transcripts:

SIF's Exh. I: St. Charles Orthopaedic Surgery Associates, Inc. records

Only the evidence necessary to support this award has been summarized. Any objections not expressly ruled on in this award are overruled. At the time of hearing Claimant was a divorced sixty-four year old woman. Claimant was not employed and was receiving Social Security Disability payments since January 2002. Claimant graduated from high school in 1958. She graduated in 1986 from St. Mary's College, O'Fallon with an Associates Degree in nursing and was certified as a registered nurse in 1986. She stated she had a troubled marriage and suffered from depression without seeking treatment throughout her marriage. After 1986 she supported herself as a registered nurse working part-time at DePaul Hospital for three months and full-time at Missouri Baptist Hospital for four years as a charge nurse on the medical/surgical floor.

In December 1987 she injured her low back while working at Missouri Baptist Hospital. The 1987 injury resulted in a L5-S1 herniated disc with radiating pain that required surgery by Dr. Kretteck. She was off work six months after the injury. She was released to return to work in June 1988, but continued off work due to temporomandibular joint surgery. She returned to Missouri Baptist Hospital in July 1988 and on cross-examination she stated she may have re-injured her back in May 1989 but she does not remember that injury or any restrictions from Dr. Kretteck. Dr. Kretteck's records reveal that Claimant re-injured her low back and was examined on June 5, 1989. His diagnosis was musculoligamentous strain on the opposite side of the prior disc rupture. She was treated with muscle relaxants, physical therapy and rest. Dr. Kretteck released Claimant to return to work with a restriction of no lifting greater than 30 pounds and no repeated bending, stooping or twisting on August 21, 1989. Claimant was released at maximum medical improvement on December 20, 1989 and it was noted she was unable to lift light loads without aggravating back pain and diagnosis included lumbar osteoarthritis. Missouri Baptist Hospital could not accommodate the light duty restrictions and required lifting that she could not accomplish therefore she left Missouri Baptist Hospital and sought a position in a nursing home where certified nurse assistants (CNA) could help with lifting. At that time Missouri Baptist Hospital did not employ CNAs.

Division of Workers' Compensation records reflect a stipulation for injury number 89-098894 with date of injury of May 28, 1989. The settlement is based upon 9.5 percent of the low back, legs and body as a whole. The stipulation in injury number 87163678, date of injury of December 29, 1987 reflects the settlement is based upon 15 percent of the low back, legs, nerves and body as a whole.

She went to work for Delmar Gardens Nursing Home as a charge nurse from December 1990 through October 1995. She had CNAs working for her to do lifting. She was a medication instructor and worked on the Alzheimer's Unit with no heavy lifting. Claimant testified on cross-examination that she did not recall low back pain and muscle spasms in July 1990. She then worked for Rosewood Nursing Home doing the same activities from October 1995 until July 1997. She began working part-time because of patient care and emotional issues. On cross-examination Claimant did not recall any injury in June 1997 at Rosewood.

She then worked at McKnight Place from 1997 until the end of 2001 and continued part-time in 2002. She limited her lifting to 50 pounds because of her low back problems. She was on arthritis medications at that time as well as pain medication for headaches. She has had severe headaches i