Skip to content
Ott Law Firm

Linda Lawson v. Ford Motor Company

Decision date: July 28, 20067 pages

Summary

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda Lawson for plantar fasciitis of the left foot sustained on September 1, 2001, while employed by Ford Motor Company. The employee was awarded 20% permanent partial disability (15% for primary injury and 5% preexisting) with medical benefits and compensation at the rate of $628.90/$329.42 weekly.

Archive Notice

This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

Related Legal Help

Practical guidance for this decision

Third-Party Injury Check

This workers' comp decision may point to a separate injury claim.

  • A driver, contractor, property owner, or equipment company may share fault.
  • The injury involved a vehicle, unsafe premises, defective equipment, or a non-employer vendor.
  • A serious injury or death may need both benefits review and civil-claim analysis.

Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Employee:Linda Lawson
Employer:Ford Motor Company
Insurer:Self-Insured
Additional Party:Treasurer of Missouri as Custodian <br> of Second Injury Fund (Open)
Date of Accident:September 1, 2001

Place and County of Accident: St. Louis County, Missouri

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 March 13, 2006. The award and decision of Administrative Law Judge Linda J. Wenman, issued March 13, 2006, 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 $28^{\text {th }}$ day of July 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

AWARD

Employee: Linda Lawson

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Injury No.: 01-164534

Before the

Division of Workers'

Employer:Ford Motor CompanyCompensation Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri
Additional Party:Second Injury Fund (open)
Insurer:Self-insured
Hearing Date:December 22, 2005Checked by: LJW:tr
FINDINGS OF FACT AND RULINGS OF LAW
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: September 1, 2001
5.State location where accident occurred or occupational disease was contracted: St. Louis 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: Employee developed plantar fasciitis after repetitively stepping off a platform to obtain items from a stock table.
12.Did accident or occupational disease cause death? No
13.Part(s) of body injured by accident or occupational disease: Left foot
14.Nature and extent of any permanent disability: 20% permanent partial disability referable to the left foot, 15% for the primary injury, and 5% preexisting.
15.Compensation paid to-date for temporary disability: None
16.Value necessary medical aid paid to date by employer/insurer? $722.91
Employee:Linda LawsonInjury No.: 01-164534
17.Value necessary medical aid not furnished by employer/insurer? To be determined
18.Employee's average weekly wages: Sufficient for maximum rates
19.Weekly compensation rate: $628.90 / $329.42
20.Method wages computation: Stipulated
COMPENSATION PAYABLE
21.Amount of compensation payable:
9 5/7th weeks of temporary total disability (or temporary partial disability)$6,109.31
22.5 weeks of permanent partial disability from Employer$7,411.95
22. Second Injury Fund liability: Open
TOTAL:$13,521.26
  1. Future requirements awarded: Pursuant to award

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 in favor of the following attorney for necessary legal services rendered to the claimant: Evan Beatty

FINDINGS OF FACT and RULINGS OF LAW:

Employee:Linda Lawson
Dependents:N/A
Employer:Ford Motor Company
Additional Party:Second Injury Fund (open)
Insurer:Self-insured

Injury No.: 01-164534

Before the

Division of Workers' Compensation Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri

Checked by: LJW:tr

PRELIMINARIES

The above referenced Workers’ Compensation claim was heard by the undersigned Administrative Law Judge on December 22, 2005. The case was formally submitted without briefs on February 18, 2006. Attorney Evan Beatty represented Linda Lawson (Claimant). Ford Motor Company (Employer) was self-insured, and represented by Richard Fitzgerald. The Second Injury Fund was not a party to the proceedings and will remain open.

Prior to the start of the hearing the parties identified the following issues for disposition as: occupational disease; arising out of and in the course and scope of employment; medical causation; past temporary total disability (TTD); permanent partial disability (PPD); and future medical care. Hearing venue is correct, and jurisdiction properly lies with the Missouri Division of Workers’ Compensation.

Claimant offered Exhibits A-D, and Employer offered Exhibit 1. All exhibits were admitted into the record without objection. Any objections not expressly ruled on in this award are overruled.

SUMMARY OF EVIDENCE

All evidence presented has been reviewed. Only testimony necessary to support this award will be reviewed and summarized.

Testimony \& medical record review

Claimant: Claimant is fifty-four years old, and has worked for Employer since 1995 in various assembly positions. During 1999, Claimant began to experience heel discomfort, and began to wear custom made orthotics. Claimant's use of orthotics relieved her discomfort, and she required no further medical care for her feet.

During January 2001, Claimant's job changed and she began installing half-shafts for steering wheels. Installing half-shafts required Claimant to obtain the shaft from a stock table, install the shaft, and tighten it into place. Claimant estimated she installed fifty-sixty half-shafts per hour, and worked on a platform approximately six inches off the concrete floor. The stock table she used was positioned ten-twelve inches from her platform, requiring her to step off the platform to retrieve a shaft. With every step off, Claimant's feet would constantly hit the concrete floor, and she would strike her left heel. For the next nine months Claimant routinely notified her supervisor of the need to move her stock table.

During March 2001, Claimant noticed her left heel felt bruised, and her small toe began hurting. She kept working. Claimant next began to notice her left ankle was swollen at the end of the day, and she had increased pain in her left heel that was different from the pain she experienced in 1999.

Claimant sought medical care and was referred to an orthopedist, Dr. Weltmer, during July 2001. Dr. Weltmer diagnosed left plantar fasciitis, and he placed Claimant in a cast for the next three weeks. Claimant's pain decreased while her foot was casted, but upon cast removal and a return to work, Claimant's pain returned. During August 2001, Claimant reported her left foot problem to Employer's plant medical, and she was authorized to see another orthopedist, Dr. Aubuchon, for further evaluation. Dr. Aubuchon recommended use of a heel night splint, and indicated he would recommend physical therapy if improvement was not noted. Claimant did not improve, and she didn't receive physical therapy because Employer's plant medical physician determined Claimant's condition was not work related.

Claimant returned to treatment with Dr. Weltmer, and he recommended surgery. On September 7, 2001, Employer repositioned Claimant's stock table. Claimant continued to work until September 9, 2001. On September 10, 2001, Dr. Weltmer performed a left plantar fasciotomy, and Claimant was off work until November 16, 2001. Following surgery Claimant experienced improvement in her left heel pain. For approximately one year following surgery, Claimant continued to wear a night splint on her left heel. Upon her return to work, Claimant no longer struck her heel because her stock table had been repositioned. On July 5, 2002, Claimant returned to Dr. Weltmer due to continued symptoms. Dr. Weltmer suggested she wear New Balance tennis shoes because of its wide heel, and she resume wearing her custom orthotics. Dr. Weltmer noted: "needless to say, the type of work she does exacerbates her heel pain."

Currently, Claimant continues to experience aching in her left heel at the end of the day, or if she has been standing or walking for prolonged periods. She notices swelling in her left foot approximately two times per week. She is unable to walk barefoot, unable to walk on uneven terrain, and can only wear wide width tennis shoes. Claimant no longer dances or gardens, and only on rare occasion will she mow the lawn. She takes Aleve twice daily, and occasionally at night for pain relief. Claimant continues to wear her orthotics, and will continue to wear orthotics in the future.

Upon cross-examination, Claimant confirmed she has undergone surgery on her right foot in 2005. Claimant acknowledged she worked eight-hour days upon her return to work during November 2001, and worked without restrictions. Claimant also confirmed she was provided sick and accident benefits in the amount of $\ 381.00 per week while she was recovering from her September 2001 surgery.

Medical Deposition Testimony

Dr. Volarich: Dr. Volarich examined Claimant on April 19, 2000 and January 26, 2005. Claimant's history of the injury is consistent with the records and testimony of Dr. Volarich. Upon conclusion of his examination, Dr. Volarich diagnosed a repetitive impact trauma involving Claimant's left foot causing plantar fasciitis. Dr. Volarich noted Claimant had preexisting conditions including; asymptomatic bilateral bunionectomies, right thumb fusion, and right plantar fasciitis. Dr. Volarich opined Claimant's job activities were a substantial factor in causing Claimant's left plantar fasciitis, and he rated the injury at 25 % PPD at the foot level. Dr. Volarich further opined Claimant would require non-steroidal anti-inflammatory drugs as needed, "some" physical therapy, and "possible" changes in her orthotics as her symptoms change.

Upon cross-examination, Dr. Volarich acknowledged Claimant reported her left foot symptoms were much improved following her September 2001 surgery. Dr. Volarich also acknowledged Claimant's physical examination was essentially within normal limits, and any complaints voiced were primarily subjective in nature and mostly associated with prolonged weight bearing.

Dr. Anderson: Dr. Anderson examined Claimant on February 9, 2005. Claimant's history of the injury is consistent with

the records and testimony of Dr. Anderson. Dr. Anderson noted Claimant had undergone surgery in September 2001, was 90 % better, but still experienced daily pain over her left heel. Upon examination Dr. Anderson noted Claimant had very mild heel discomfort to palpation across her heel pad. Dr. Anderson diagnosed plantar fasciitis, status post plantar fascial release. Dr. Anderson agreed with Dr. Weltmer that Claimant's plantar fasciitis was not cause

Full decision text continues in the plain-text archive copy.

Related Decisions

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jason L. Collins' occupational disease claim involving cumulative trauma to his back and right lower extremity sustained while employed as a truck driver/laborer. The Commission rejected the employer's argument that an untimely answer resulted in admission of all facts including legal conclusions about whether the injury arose out of employment.

occupational disease9,505 words
affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of death benefits to the widow of Russell Hayes, a volunteer firefighter killed in the line of duty. The majority awarded death benefits at the statutory minimum wage rate of $40.00 per week, though a dissenting opinion argued for a higher wage determination based on the statutory provisions for calculating average weekly earnings.

occupational disease5,849 words
affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth A. Steele for injuries sustained when a patient slammed his leg down on her head, neck, and shoulders while she was working as a critical care unit nurse. The Commission found the award was supported by competent and substantial evidence and determined the employee is entitled to permanent and total disability benefits.

occupational disease10,794 words
affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Carl Hanes for an alleged occupational disease from radiation exposure at the Department of Corrections. The Commission found the employee failed to provide proper notice and that the injury did not arise out of and in the course of employment, resulting in no benefits awarded.

occupational disease6,305 words

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's Temporary or Partial Award in a workers' compensation case for employee Cynthia Porter, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's determination that the claimant's diabetes was well-controlled, rejecting the employer/insurer's challenge to this medical finding.

occupational disease7,008 words