Jeff Meachem v. Ozark Periodical Distribution, Inc.

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 associate administrative law judge dated November 30, 2005. The award and decision of Associate Administrative Law Judge Margaret Ellis Holden, issued November 30, 2005, is attached and incorporated by this reference.

The Commission further approves and affirms the associate 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 $19^{\text {th }}$ day of June 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: $2 / 17 / 92$
5. State location where accident occurred or occupational disease was contracted: GREENE 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 occurred or occupational disease contracted:

WHILE MOVING A BOAT OUT OF THE WAY OF HIS WOODWORKING ACTIVITIES, A SECOND BOAT WAS PUSHED INTO HIS LEFT KNEE.

1. Did accident or occupational disease cause death? NO Date of death? N/A
2. Part(s) of body injured by accident or occupational disease: BODY AS A WHOLE
3. Nature and extent of any permanent disability: PERMANENT TOTAL DISABLITY
4. Compensation paid to-date for temporary disability: $\ 27,558.42
5. Value necessary medical aid paid to date by employer/insurer? $\ 159,066.09

Employee: JEFF MEACHEAM Injury No. 92-027749

1. Value necessary medical aid not furnished by employer/insurer? N/A
2. Employee's average weekly wages: $\ 285
3. Weekly compensation rate: $\ 190.01
4. Method wages computation: BY AGREEMENT

1. Amount of compensation payable:

Unpaid medical expenses: 0

0 weeks of temporary total disability (or temporary partial disability)

206 weeks of permanent partial disability from Employer

0 weeks of disfigurement from Employer

Permanent total disability benefits from Employer beginning N/A, for Claimant's lifetime

1. Second Injury Fund liability: Yes X No Open

0 weeks of permanent partial disability from Second Injury Fund

Uninsured medical/death benefits:

Permanent total disability benefits from Second Injury Fund:

weekly differential (0) payable by SIF for 206 weeks, beginning 11/14/02

and 190.01, thereafter, for Claimant's lifetime

TOTAL: SEE AWARD

1. Future requirements awarded: MEDICAL TREATMENT

Said payments to begin immediately 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:

PATRICK PLATTER

Employee: Jeff Meacheam

Injury No. 92-027749

Dependents: N/A

Employer: Ozark Periodical Distribution, Inc.

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

Insurer: Millers Mutual Insurance Association of Illinois

Hearing Date: $\quad 4 / 11 / 05$

Checked by: MEH

The parties appeared before the undersigned administrative law judge on April 11, 2005, fora final hearing. The claimant appeared in person represented by Patrick Platter. The employer and insurer appeared represented by Thomas Rykowski. The Second Injury Fund appeared represented by Susan Colburn. Memorandums of law were filed by May 20, 2005.

The parties stipulated to the following facts. On or about February 17, 1992, Ozark Periodical Distribution, Inc., was an employer operating subject to the Missouri Workers' Compensation Law. The employer's liability was fully insured by Millers Mutual Insurance Association of Illinois. On the alleged injury date of February 17, 1992, Jeff Meacheam was an employee of the employer. The claimant was working subject to the Missouri Workers' Compensation Law. On or about

February 17, 1992, the claimant sustained an accident which arose out of and in the course and scope of employment. The accident occurred in Greene County, Missouri. The claimant notified the employer of his injury as required by Section 287.420, RSMo. The claim for compensation was filed within the time prescribed by Section 287.430, RSMo. At the time of the alleged accident, the claimant's average weekly wage was $\ 285, which is sufficient to allow a compensation rate of $\ 190.01 for temporary disability, permanent partial disability and permanent total disability compensation. Temporary disability benefits have been paid to the claimant in the amount of $\ 27,558.42, representing $1371 / 7 weeks. The employer and insurer have paid medical benefits in the amount of \ 159,066.09. The attorney fee being sought is 25 %. ISSUES:

1. Whether the claimant has sustained injuries that will require future medical care in order to cure and relieve the claimant of the effects of the injuries.
2. The nature and extent of permanent disabilities.
3. The liability of the Second Injury Fund for permanent total disability.

FINDINGS OF FACT:

Jeff Meacheam, the claimant, is 47 years of age and resides in Republic, Missouri. He is a high school graduate who attended Graf Votechnical School for the purpose of becoming a cabinetmaker. He worked as a cabinetmaker until the completion of medical treatment that is the subject of this claim. He worked from February 1975 until approximately the fall of 1984 for L \& R Cabinet Shop. He started work in September 1984 for Ozark Periodical Distribution, Inc., also known as Ozark News Agency.

The claimant had two surgeries to his left knee before February 17, 1992. He underwent a repair of the anterior cruciate ligamentin 1984. He suffered an injury to this ligament during a pickup basketball game. Dr. Harvey Michael of Smith-Glynn-Callaway repaired the ligament. Claimant eventually returned to work at Ozark News Agency. He was able to perform the 10\% of his work that required him to squat and kneel.

Claimant injured his left knee in 1990 in a motor vehicle accident. His left knee hit the dashboard, and Dr. Ben Harmon performed an arthroscopic surgery. Records of that particular surgery are not available. Claimant testified that he returned to his full duties after both surgeries. He did not have any symptoms in his left knee for at least one year prior to the date of the accident of February 17, 1992. He limited, but did not completely end, his sports activities. Dr. Belz noted that claimant, before February 17, 1992, did not kneel or squat with the exception of that which he did as part of his job. He did not believe claimant would be able to engage in activities such as a roofer or carpet layer.

Claimant worked for Ozark News Agency at a manufacturing shop located at 1630 North Eldon in Springfield. His primary job was to build magazine display racks for grocery stores and other similar retail facilities. The racks were typically 8 feet long and 5 to 6 feet tall, typically made of entirely pinewood. There would be two viewing areas on the racks, each area having 3 or 4 sub racks. The racks would extend from ankle level to 5 to 6 feet above ground level. Each rack would weigh approximately 250 lbs. when completed.

Claimant used table saws, skill saws, planers, sanders, air-powered nailers, staplers, hammers and nails. He would also paint the product after assembly was complete, then he and a co-worker would deliver the racks to the store using a pickup truck and trailer. They would load and unload the magazine racks with a two-wheel dolly.

Claimant would unload lumber from lumberyard trucks with a forklift. The lumber would be stacked with that forklift, but he would use one piece of pine at a time. $4^{\prime} \times 8^{\prime}$ sheets of plywood would be used with pine bracings. He used 1" x 12' boards for the bracing. Claimant would carry the lumber to his workbench, typically 30 to 40 feet in walking distance. His own work area was 30' x 40', though owners of the property would keep their bass boats and RV's in the workshop area.

Claimant and a co-worker were moving two bass boats on February 17, 1992, to make room for a larger work area. Claimant was pulling a bass boat that was atop a standard metal trailer. His co-worker was pushing the other bass boat. The bass boat the co-worker was pushing hit the claimant on his left side. Claimant had just planted his left foot and was pulling his bass boat while twisting his left foot to the right. The bass boat pushed by the co-worker hit claimant's left knee at a 90 degree or perpendicular angle. The nose of the trailer that the claimant had been pulling then hit the inside of that same left knee.

Claimant felt an immediate sharp pain and swelling throughout his left knee. He attempted to walk this off in hopes that the problems would disappear by the next day. This accident happened towards the end of his work shift. Claimant attempted to work the next day on February $18^{\text {th }}$, but had to go home early because of continued pain and swelling in the left knee. He then scheduled an appointment to see Dr. David Brown of the orthopedic association affiliated with St. Johns Regional Health Center on February 19th.

Much of claimant's medical treatment has centered upon his surgeries to the left knee. The list below describes those surgeries. Claimant's surgeries have been extensive, and a description of his course would be helpful in understanding the surgeries.

Surgery \#1

March 31, 1992 An arthroscopy with debridement of the medial compartment and patella and medial meniscectomy. (Dr. Brown)

Surgery \#2

November 25, 1992 An arthroscopy with extensive debridement and abrasion chondroplasty. (Dr. Brown)

Surgery \#3

October 26, 1993 A total left knee replacement arthroplasty. (Dr. Brown)

Surgery \#4

November 16, 1993 A removal of the total knee components and replacement. (Dr. Brown)

Surgery \#5

December 28, 1993A revision of the total left knee replacement. (Dr. Brown)

Surgery \#6

December 28, 1993A rotation of the medial gastroc to the right knee