Stephen Craig v. Bentley Trucking, Inc.

The award and decision of Administrative Law Judge Rebecca S. Magruder issued November 14, 2005, as modified, is attached and incorporated by this reference.

This Award is subject to a lien in favor of the Department of Social Services, Division of Child Support Enforcement.

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 $4^{\text {th }}$ day of August 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

Attest:

John J. Hickey, Member

Secretary

Employee: Stephen Craig

Injury No. 01-127626

Employer: Bentley Trucking, Inc.

Insurer: Wausau Insurance Co.

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

Hearing Date: August 25, 2005

Briefs Filed: October 7 and 17, 2005

Checked by: RSM/abj

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: October 26, 2001.
5. State location where accident occurred or occupational disease was contracted: Jackson County, Missouri.

1. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
2. Did employer receive proper notice? Yes.
3. Did accident or occupational disease arise out of and in the course of the employment? Yes.
4. Was claim for compensation filed within time required by law? Yes.
5. Was employer insured by above insurer? Yes.
6. Describe work employee was doing and how accident occurred or occupational disease contracted: While transferring hot asphalt oil in the course of his employment, a hose disconnected causing the hot oil to spray onto the employee.
7. Did accident or occupational disease cause death? No. Date of death? N/A
8. Part(s) of body injured by accident or occupational disease: Both upper extremities and right leg.
9. Nature and extent of any permanent disability: 21.2 % body as a whole plus 18 weeks disfigurement
10. Compensation paid to date for temporary disability: $\ 22,400.71
11. Value necessary medical aid paid to date by employer/insurer? $\ 52,345.00
12. Value necessary medical aid not furnished by employer/insurer? $\ 467.03
13. Employee's average weekly wages: $\ 877.66
14. Weekly compensation rate: $\$ 591.71 / \ 329.42
15. Method wages computation: By agreement.

1. Amount of compensation payable:

.. Unpaid medical expenses ..... $\ 467.03

.. 68 weeks of temporary total disability at $\ 591.71 per week ..... $\ 40,236.28

Employer has paid $\ 22,400.71 to date and is entitled to a credit

Against the ttd award in that amount. ..... $<22,400.71>

847 / 8 weeks of permanent partial disability to be paid at \ 329.42 per week. ..... $\ 27,928.22

.. 18 weeks of disfigurement to be paid at $\ 329.42 per week ..... $\ 5,929.56

TOTAL. ..... $\ 52,160.38

1. Second Injury Fund liability: To be determined later by separate stipulation and award.
2. Future requirements awarded: None.

Said payments to begin as of the date of this Award and to be payable and subject to modification and review as provided by law.

At the hearing, the parties stipulated that:

1. On or about October 26, 2001, Bentley Trucking, Inc., was an employer operating under the provisions of the Missouri workers' compensation law and that their liability under said law was fully insured by Wausau Insurance Company;
2. on or about October 26, 2001, Steven Craig was an employee of Bentley Trucking, Inc., and was working under the provisions of the Missouri workers' compensation law;
3. on or about October 26, 2001, Steven Craig sustained an injury by accident arising out of and in the course of his employment;
4. the employer had notice of the injury and that a Claim for Compensation was filed within the time prescribed by law;
5. the average weekly wage was $\ 877.66 and that the applicable compensation rate is $\ 591.71 per week for temporary total disability benefits and $\ 329.42 per week for permanent partial disability benefits;
6. compensation has been paid in the total amount of $\ 22,400.71;
7. the temporary total disability benefits which were paid were paid from commencing October 26, 2001, through January 9, 2002; commencing again on August 23, 2002, through November 14, 2002; and finally, from September 29, 2003, through January 12, 2004; and
8. medical aid had been furnished in the amount of $\ 52,345.00.

The issues to be determined by this hearing are as follows:

1. The nature and extent of any permanent disability resulting from the October 26, 2001, accident;
2. whether the employer should be required to pay the claimant $\ 467.03 for medical bills he has incurred and paid up to today's date;
3. whether the employer is obligated to provide additional temporary total disability benefits to the claimant;

1. whether the employer should provide any future medical benefits to the claimant; and
2. whether there has been an overpayment of temporary total disability benefits by the employer.

The evidence in the case consisted of numerous medical records and reports as well as the deposition testimony of Dr. Korentager and deposition testimony of several lay witnesses.

The claimant in this case, Steven Craig, was employed by Bentley Trucking, Inc., and during the course and scope of his employment on or about October 26, 2001, he suffered serious injuries to both of his upper extremities. He was transferring hot asphalt oil from his work truck to a job site when a hose coupling suddenly and unexpectedly disconnected causing the hot asphalt oil to spray directly onto Claimant's right and left arms and hands. The whole front of the claimant's body was sprayed except his face; however, it was a cool day and the claimant was wearing jeans, shoes, a jacket, and gloves on his hands. The oil blew up the sleeves of his jacket, burning him severely on the right and left forearms. The claimant initially drove himself to the emergency room at Jamesport and later to Chillicothe. He does not recall much after that because of the medications that were administered for his pain. He was transferred to the University of Kansas Medical Center but has no memory of that transfer. He was hospitalized for several days and underwent multiple grafts with a donor site on his right anterior thigh.

The employer and insurer do not dispute the compensability of this accident. They initially provided medical care and temporary total disability benefits for the claimant's injuries to his upper extremities. After being released back to light duty work in January 2002, the claimant did in fact return to work for Bentley. He continued to have difficulties with his upper extremities and filed a separate Claim for Compensation alleging additional upper extremity injury due to repetitive work activities. This is Injury No. 02-061372 alleging injury due to occupational disease on February 4, 2002 (see Award Denying Compensation on Injury No. 02-061372). Claimant quit working at Bentley in February of 2002.

He testified that he was experiencing pain in both of his forearms that would shoot up to his shoulders and down into his hands. In the spring of 2002 left cubital tunnel was diagnosed and on August 23, 2002 Dr. Korentager performed a left ulnar release and transposition at the elbow. At that time, August 23, 2002, the employer commenced paying temporary total disability benefits again and did so through November 14, 2002.

In December of 02 the claimant was undergoing therapy and Dr. Korentager at that time was considering treatment at a pain center. In February of 2003 Dr. Korentager recommended a pain management clinic. On May 13, 2003, the claimant was seen by Lynn Ketchum, M.D., as a hand specialty referral. Dr. Ketchum recommended neurolysis of the left ulnar nerve