Lana Cooper v. Scott County Ambulance District

1. Are any benefits awarded herein? No.
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? On April 2, 2001
5. State location where accident occurred or occupational disease contracted: Scott 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? Yes.
11. Describe work employee was doing and how accident happened or occupational disease contracted: Lifting Patient.
12. Did accident or occupational disease cause death?. No.
13. Parts of body injured by accident or occupational disease: Mid and Low back.
14. Nature and extent of any permanent disability: None.
15. Compensation paid to date for temporary total disability: $\ 262.43
16. Value necessary medical aid paid to date by employer-insurer? $\ 996.53.
17. Value necessary medical aid not furnished by employer-insurer? N/A
18. Employee's average weekly wage: $\ 393.70
19. Weekly compensation rate: $\ 262.47
20. Method wages computation: By agreement.
21. Amount of compensation payable: None.

TOTAL: None.

Second Injury Fund liability: N/A Future requirements awarded: None.

Said payments to begin (see findings) and 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 N/A of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: N/A.

On, June 20, 2005, the employee, appeared in person and by her attorney, Kim Heckemeyer for a hearing for a final award. The employer-insurer was represented at the hearing by its attorney, Mark Lanzotti. The employee had filed a claim against the Second Injury Fund but the claim was left open and was not part of the hearing. At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with a summary of the evidence and the findings of fact and rulings of law, are set forth below as follows:

1. On or about April 2, 2001, Scott County Ambulance District was a covered employer operating under and subject to the provisions of the Missouri Workers' Compensation Act and its liability was fully insured by Missouri Employer's Mutual.
2. On or about April 2, 2001, Lana Cooper was an employee of Scott County Ambulance District and was working under the Missouri Workers' Compensation Act.
3. On or about April 2, 2001, the employee sustained an accident arising out of and in the course of her employment.
4. The employer had notice of the employee's accident as required by law.
5. The employee's average weekly wage $\ 393.70. The employee's rate of compensation for temporary total disability and permanent partial disability is $\ 262.47.
6. The employee is not making any claim for temporary total disability. All of the temporary total disability has been paid but there is a dispute as to which files the payments were for.

The parties agreed that all of the medical bills are paid. There is a dispute as to how much was paid for the April 2, 2001 injury. The employee is not making a claim for any previously incurred medical. The court took judicial notice of the contents of this file. The court took judicial notice of the contents of file No. 01-046494 where a report of injury was filed with a date of injury listed of May 7, 2001 and file No. 01-080159 where a report of injury with an injury date of July 29, 2001. The Division administratively closed those two files.

1. Statute of Limitations
2. Medical causation
3. Permanent partial disability

Employee's Exhibits

A. Medical records

B. Medical payments received by Harrison Chiropractic Center

C. Report of Dr. James Palen

1. Wage statement of employee
2. Reports of injury and payments made by the employer-insurer in this case and also in the files with the date of injury of May 7, 2001 and July 29, 2001.
3. Medical Records of Health Facilities Rehab Service
4. Medical records of Dr. Sampson
5. Medical records of Restart Physical Therapy
6. Medical records of Orthopedic Associates
7. Medical records of Dr. Harrison
8. Medical records of Dr. Wayne
9. Medical records of Dr. Stone in 2001 and medical records of Dr. Stone in 2002

The employee is 35 years old. Prior to becoming an EMT she worked in residential care and at Wal-Mart. She starting working at South Scott Ambulance beginning in November of 1997 and worked until November of 2003. She has had several prior work related injuries. In 1991, she broke her ankle at Wal-Mart. In 1999 she injured her left knee lifting a heavy patient at Scott County Ambulance. She ultimately had three surgeries to her knee.

On April 2, 2001, she had a work related injury when she was called to Haywood City to assist a heavy male. She and her partner lifted him into an ambulance. As soon as they lifted the stretcher, she felt extreme pain in her low back and left leg. She was in excruciating pain. The employee was treated in the emergency room. She had pain in her low back that was shooting down her left leg into her foot. She was ordered off work, and to follow-up with Dr. Stone.

The follow-up visit was with Dr. Stone's nurse practitioner, Lisa Colwick. The employee had low back pain radiating down the left leg into her foot. She was continued off work, was prescribed pain medication, muscle relaxers and physical therapy. She then saw Dr. Stone on April 12. On that day, the employee lied to Dr. Stone and told him she was fine, so she could go back to work. She was still in pain. Dr. Stone released her to full duty. After her return to work she continued to take pain medications and applied heat and ice. When she worked a 24 -hour shift, she would lie down in her room when she was not on a call. During the month of April 2001, she had a hard time doing her job. She still had severe low back pain, numbness and pain down her left leg. From April 12 until May 7, she did not miss any time from work.

On May 7, 2001,there was an incident. She and her partner responded to a large patient who weighed over 400 pounds. It happened at a Sikeston nursing home. While trying to lift the patient from the floor she was again in excruciating pain and felt a pop. They moved the patient onto a backboard and lifted the backboard to a stretcher. She had the same pain as she had since April, but at that moment it was unbearable and worsened. The patient was taken to Missouri Delta Medical Center. She did not assist in moving the patient from the ambulance to the hospital. She reported the injury to her supervisor who was Herman Sadler. She was treated at Missouri Delta due to severe pain in her low back and down her left leg. She was provided pain relief and x-rays were taken.

Dr. Stone then treated her due to continued severe pain in her low back, which radiated down her left leg. Her complaints were the same as the April of 2001 incident. Dr. Stone prescribed pain medication, muscle relaxers, therapy, and an MRI. Dr. Stone took her off work and referred her to Dr. Kapp, an orthopedic surgeon. She told Dr. Kapp that she had previously injured her back the month before and it was the same ongoing symptoms that she had aggravated, and it was the same pain in the same area. She told him that she had pain in her low back, which radiated down her left leg. Dr. Kapp ordered therapy. When she returned to Dr. Kapp, he released her to full duty with no restrictions. On the day she was released she still had the same pain in her low back and left leg. She did not tell him the truth about her complaints and told him that her back was better.

She had a subsequent injury on July 28, 2001, when she responded to a very large patient. The patient was in the floor at a residence in Sikeston. She and her partner rolled the patient to a backboard and lifted. When they lifted the patient from the floor to a cot she had severe pain down her left leg and sharp tingling. It was the same pain as in April of 2001, which was made worse. They drove the patient to Missouri Delta, but she did not assist moving the patient from the ambulance to the hospital. The employee was treated the same date at Missouri Delta. She had severe low back pain radiating down her left leg. She was given pain management, had x-rays, and was taken off work.

She was referred to Dr. Trueblood an orthopedic surgeon. Before her appointment, she had a lot of problems. She called her office manager who sent an ambulance to her house and she was taken to St. Francis Medical Center. She was admitted with severe low back pain, numbness and pain down her left leg. She had pain medication and was given a pain block while under Dr. Trueblood's care. She was in the hospital for 5 days. After she was discharged, she had physical therapy and continued to be off work.

Her employee sent her for treatment in St. Louis. She had x-rays and a myelogram. She also saw Dr. Harrison a chiropractor due to severe pain down her low back and leg, which were the same complaints as she had in April of 2001.

Prior to April of 2001, she had no low back or leg pain. Her current complaints are the same, which is low back pain numbness and tingling down her left leg. Her low back pain is at least 7 out of 10 . To get relief, she lies down and alternates heat and ice, and takes Tylenol P.M. at night and regular Tylenol through the day. She has trouble doing laundry, keeping her house clean, and playing with her 10-year old daughter. She no longer participates in swimming, camping, fishing, or volleyball. She only sleeps for about three hours a night due to pain in low back and leg. Her low back interferes with her sitting, and after driving for a short period she is in excruciating pain in low back and left leg to foot.

During cross-examination, the employee testified that she has not worked sinc