Christopher Hickman v. McCarthy Interface

1. Are any benefits awarded herein? Yes (Benefits awarded under both claims)
2. Was the injury or occupational disease compensable under Chapter 287? Yes, as to both claims.
3. Was there an accident or incident of occupational disease under the Law? Yes, as to both claims.
4. Date of accident or onset of occupational disease? December 3, 1999 for injury # 99-177478 and July 13, 2000 for injury # 00-086244.
5. State locations where accidents occurred or occupational disease contracted: St Francis County Missouri.
6. Was above employee in employ of above employer at time of alleged accidents 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: For the 1999 claim, employee developed bilateral carpal tunnel syndrome as a result of his repetitive use of his hands and arms while working as an ironworker with McCarthy Interface. For the 2000 claim, the employee injured his low back while lifting boards from under a tractor-trailer.
12. Did accident or occupational disease cause death? No
13. Parts of body injured by accident or occupational disease: Right and left upper extremities for the 1999 claim and low back for the 2000 claim.
14. Nature and extent of any permanent disability: 15% of each wrist plus 15% multiplicity for 1999 claim and 10 % of the body as a whole for the injury to the employee’s low back under the 2000 claim.
15. Compensation paid to date for temporary total disability: None under the 1999 claim and $513.20 paid for the 2000 claim.
16. Value necessary medical aid paid to date by employer-insurer: 126.57 paid for the 1999 claim and 5,159.94 paid under the 2000 claim.
17. Value necessary medical aid not furnished by employer-insurer: $1,235.15 awarded for previously incurred medical expenses under the 1999 claim.
18. Employee's average weekly wage: 838.46
19. Weekly compensation rate: 558.97 as the TTD rate for both claims and permanent partial disability rates of 303.01 for the 1999 claim and 314.26 for the 2000 claim.
20. Method wages computation: By agreement

1. Amount of compensation payable:

Injury \# 99-177478

Previously incurred medical expenses: $\ 1,235.15

$54 / 7 weeks of temporary total disability at \ 558.97 per week: $\ 3,114.26

60.375 weeks of permanent partial disability at $\ 303.01 per week: $\ 18,294.23

Total amount awarded under injury \# 99-086244: \$22,643.64

Injury \# 00-086244

40 weeks of permanent partial disability ( 10 % of the body as a whole) at $\ 314.26 per week: $\ 12,570.40

Total amount awarded under injury \# 00-086244: \$12,570.40

1. Second Injury Fund liability: Employee's claim against the Second Injury Fund under injury 00-086244 was left open by agreement, but since it does not appear that the employee's claim meets the statutory threshold, the employee is encouraged to voluntary dismiss his claim against the Second Injury Fund.
2. Future requirements awarded: None.

Said payments shall be payable as provided in the findings of fact and rulings of law, and shall 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: Gary G. Matheny

On August 2, 2005, the employee, Christopher Hickman, appeared in person and by his attorney, Gary Matheny, for a hearing for a final award. The employer-insurer was represented at the hearing by its attorney, Mr. Kevin Leahy. At the time of the hearing, the parties requested a consolidated evidentiary hearing for the employee's claims under injury \# 99177478 and injury \# 00-086244. The parties further agreed on certain undisputed facts and identified the issues that were in dispute for each claim. 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 December 3, 1999, McCarthy Interface was a covered employer operating under and subject to the provisions of the Missouri Workers' Compensation Act, and its liability was fully insured by TIG Insurance Company.
2. On or about December 3, 1999, Christopher Hickman was an employee of McCarthy Interface, and was working under the provision of the Missouri Workers' Compensation Act.
3. The employer had notice of the employee's alleged accident or occupational disease.
4. The employee's claim for compensation was filed within the time allowed by law.
5. The employee's average weekly wage was approximately $\ 838.46 per week, and his rate of compensation is $\ 559.97 for temporary total disability and $\ 303.01 for permanent partial disability.
6. The employer-insurer furnished medical aid in the amount of $\ 126.57.
7. No temporary total disability benefits were paid by the employer-insurer.

1. On or about July 13, 2000, McCarthy Interface was a covered employer operating under and subject to the provisions of the Missouri Workers' Compensation Act, and its liability was fully insured by TIG Insurance Company.
2. On or about July 13, 2000, Christopher Hickman was an employee of McCarthy Interface, and was working under the provisions of the Missouri Worker's Compensation Act.
3. On or about July 13, 2000, the employee sustained an accident or occupational disease that arose out of and in the course of his employment.
4. The employer had notice of the employee's accident.

1. The employee's average weekly wage was approximately $\ 838.46, and his rate of compensation is $\ 558.97 per week for temporary total disability and $\ 314.26 for permanent partial disability.
2. The employer-insurer furnished medical aid in the amount of $\ 5,159.94.
3. The employer-insurer paid temporary total disability benefits in the amount of $\ 513.20.

1. Accident or occupational disease
2. Medical causation
3. Additional medical aid
4. Temporary total disability and permanent partial disability

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

The employee, Christopher Hickman has worked since 1973 as either an ironworker or a boilermaker. His duties as an ironworker included erecting structural steel beams, hand rails and other items made of steel or iron. The employee's duties as a boilermaker included welding and other related duties on boilers, vessels, precipitators and powerhouses. In 1993, the employee joined Local \# 469 out of Jackson, Mississippi, and thereafter followed a pattern of working for a number of different employers. The employee prepared a list of the employers that he worked for in 1998 and 1999 that was admitted as employee's exhibit A.

The employee started working for McCarthy Interface on October 22, 1999 at the Corrections Center in Bonne Terre, Missouri. The employee's job at the Corrections Center was tying rods. The employee described this job as being a repetitive, hand intensive job, which required him to pull wire from a spool, push the wire through the rods and twist them with a pair of pliers. The employee emphasized that the wire was construction grade wire that was coarse and difficult to work with. He initially used his left hand to push the wire through the rods and his right hand to twist the wire with pliers. When his right hand started bothering him, he switched the pliers to his left hand. After three or four weeks, the employee started developing pain, cramps and swelling in both hands.

At some point in late November of 1999, the employee reported his hand symptoms to his foreman and later to his superintendent. On December 3, 1999, the employee reported his injury to Mr. Tom Tomson, who was the safety director for McCarthy Interface. A supplemental report of accident was prepared as a result of this conversation that was admitted as employee's exhibit B.

The only significant factual difference between the positions of the employee and the employer-insurer on this claim is whether the employee had experienced similar symptoms in his hands and wrists prior to the McCarthy Interface job. According to Mr. Tom Tomson, the employee advised him on two different occasions that his symptoms first started during the summer of 1999 while he was working for Superior Rigging out of Atlanta, Georgia (Employer-insurer exhibit 1). The supplementary report of accident contains a sentence, which states "Superior Rigging when noticed first symptoms. Summer of 1999", but the employee testified that he did not recall making that statement, and did not write that portion of the accident report. It should be noted that the last sentence under the heading "Describe Injury in Detail Indicating Body Part Affected" appears to be written with a different ink pen and in a different hand writing style (See employee's exhibit B).

The employee initially sought medical treatment from Dr. John Long in Hazelhurst, Mississippi. Dr. Long saw the employee on December 6, 1999. The employee was complaining of pain, swelling and numbness in his hands, and Dr. Long noted he had been working as an ironworker. Dr. Long diagnosed the employee as having carpal tunnel syndrome and treated the employee with an injection and mediation (Employee's exhibit C).

Dr. Long then referred the employee to Dr. Aubrey Lucus with Plastic and Hand Surgery Associates, PLLC in Jackson, Mississippi. Dr. Lucus' records from December 7, 1999 indicate that Dr. Lucus diagnosed the employee with advanced right carpal tunnel syndrome and moderate left carpal tunnel syndrome. Although, Dr. Lucu