Keith Hellman v. Ford Motor Company

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 00-068567

Employee: Keith Hellmann

Employer: Ford Motor Company

Insurer: Self-Insured

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

Date of Accident: January 13, 2000

Place and County of Accident: St. Louis County

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 October 19, 2005. The award and decision of Administrative Law Judge Linda J. Wenman, issued October 19, 2005, 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 $\qquad 27^{\text {th }} \qquad$ day of April 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

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: January 13, 2000
5. State location where accident occurred or occupational disease was contracted: St. Louis 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? Yes
11. Describe work employee was doing and how accident occurred or occupational disease contracted: While walking to his car after his shift ended, Claimant was struck by a co-worker’s car.
12. Did accident or occupational disease cause death? No
13. Part(s) of body injured by accident or occupational disease: Low back
14. Nature and extent of any permanent disability: 10\% BAW referable to Claimant’s lumbar spine.
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? None

Employee: Keith Hellmann Injury No.: 00-068567 17. Value necessary medical aid not furnished by employer/insurer? None 18. Employee's average weekly wages: $\ 792.45 19. Weekly compensation rate: $\$ 528.25 / \ 303.01 20. Method wages computation: Stipulated

1. Amount of compensation payable: $71 / 7^{\text {th }} weeks of temporary total disability (or temporary partial disability) \ 3,773,21 40 weeks of permanent partial disability from Employer $\ 12,120.40

Only testimony necessary to support this award will be reviewed and summarized.

On January 14, 2000, Claimant presented to the emergency room at Christian Hospital complaining of back pain after being hit by a car. Claimant reported to hospital personnel that he was leaving work after his shift ended on January 13, 2000, and while walking to his car he was hit in his low back by a co- worker's car. He didn't remember the details well. He reported he did not fall after being hit, and he landed on his feet ten to fifteen feet away from the car. Claimant denied neck pain, reported his spine felt "tingly", and complained of pain shooting down his legs. Examination did not reveal bruising (ecchymosis), and x-rays of Claimant's pelvis, cervical, and lumbar spine was reported as negative. Claimant was discharged and advised to follow-up with Dr. Khan, his private physician.

Claimant saw Dr. Khan on January 19, 2000, and complained of persistent lower back pain that radiated down his right leg. Examination revealed tenderness and spasm at the L4-5 spine, and at the bilateral para-vertebral muscles. Claimant's forward flexion was limited to 30 degrees, and his lateral flexion was limited to 15 degrees. Straight leg raising was negative. Dr. Khan prescribed medication, exercises, and rest.

On January 31, 2000, Claimant returned to Dr. Khan complaining of severe, worsening low back pain radiating to his right leg, and on occasion into his left leg. Claimant also complained of upper back pain. Claimant informed Dr. Khan he "has a lawyer working on his case and wants a complete evaluation done for this." Examination revealed no bruising; a complaint of pain with palpation of his thoracic spine; normal range of motion to his shoulders and cervical spine; mild tenderness to palpation at L4-5; positive straight leg raising (SLR) on the right; no neurological deficit; normal gait and heel/toe walking; 45 degrees forward flexion of the lumbar spine, and pain with lateral flexion. Dr. Khan noted Claimant was reluctant to bend more than 15 degrees. Dr. Khan referred Claimant to Dr. Graven, an orthopedist, and took Claimant off work until seen by the orthopedist.

Dr. Graven examined Claimant on February 11, 2000. Claimant complained of pain in his neck through mid-back, low back, and down both legs. Claimant reported leg pain on the right to his calf, and pain to his knee on the left. Examination revealed tenderness of the sacroiliac joints and lumbosacral junction; lumbar flexion was limited to Claimant's hands on his thighs; SLR was positive for back pain only; and he displayed no true radicular signs. Dr. Graven ordered physical therapy (PT), and prescribed a Medrol dose pack, anti-inflammatories, and muscle relaxants.

Claimant began PT on February 15, 2000, and by February 21, 2000, Claimant complained of pain "everywhere". The pain identified was in his low back to his right gluteal muscle, sharp pain at T4-T8, and cervical pain of his posterior neck. The therapist called Dr. Graven and notified him of Claimant's complaints.

On February 25, 2000, Dr. Graven examined Claimant. Claimant complained of mid to low back pain, and that his neck felt out of place. EE voiced concern that "something was terribly wrong". Dr. Graven ordered MRI's of Claimant's thoracic and lumbar spine, and placed Claimant's PT on hold. Both MRI's were obtained, and read as "unremarkable" by the radiologist. On March 3, 2000, Dr. Graven provided Claimant a prescription for Ultram, and a work excuse until March 13, 2000. On March 22, 2000, Claimant called Dr. Graven and informed him the Ultram made him sick, and he was unable to work. Dr. Graven prescribed Vicadon.

On May 16, 2000, Claimant consulted Dr. Spezia, who noted Dr. Khan and Dr. Graven had treated Claimant, and Claimant reported he was unhappy with the results. Claimant complained of persistent lumbar spine pain and swelling; decreased strength since his MRI; and that he had experienced a recent lumbar popping. Examination revealed tenderness of Claimant's lumbar spine and coccyx, along with decreased lumbar extension. Dr. Spezia diagnosed a lumbar sacral sprain with somatic dysfunction. Dr. Spezia ordered a new MRI of the lumbar spine, and provided Claimant an off work slip from May 16, 2000 through May 31, 2000. The new MRI was read by the radiologist as "unremarkable". Dr. Spezia referred Claimant to Dr. Ibrahim, an orthopedist.

Dr. Ibrahim examined Claimant on May 23, 2000. Claimant reported he had experienced excruciating low back pain that traveled down the back of his right leg to the ankle, and on occasion to his left leg. Claimant reported his pain had not improved since the accident, and PT had not helped his back pain. Examination revealed tenderness in the paraspinous musculature of Claimant's lumbar spine; a decreased right ankle reflex; and negative bilateral SLR. Dr. Ibrahim obtained lumbar x-rays that demonstrated no evidence of degenerative disc disease, and no evidence of dynamic instability of Claimant's lumbar spine. Dr. Ibrahim reviewed Claimant's May 18, 2000 MRI, and noted it revealed a very mild degenerative L5-S1 disc that may be slightly protruding and touching the thecal sac, but did not demonstrate nerve root compression or spinal stenosis. Dr. Ibrahim also reviewed Claimant's February 25, 2000 cervical MRI, and found it to be normal.

Dr. Ibrahim diagnosed a musculoligamentous injury of Claimant's lumbar spine, and did not find Claimant to be a surgical candidate. Dr. Ibrahim believed Claimant would benefit from conservative treatment, and an aggressive PT

program. Claimant was placed on Reflen, encouraged to complete the PT program, and assured that his type of injury normally resolves with conservative care. Dr. Ibrahim provided Claimant an off work slip from May 23, 2000 through May 30, 2000, and then he was placed on light restricted duty from May 31, 2000 through June 6, 2000. Claimant attended PT regularly until he returned to work, at which time he complained of increased pain and began to miss PT appointments.

On June 1