Larry Galkowski v. Bi-State Development Agency

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 01-071471

Employee: Larry Galkowski

Employer: Bi-State Development Agency

Insurer: Bi-State Development Agency

Date of Accident: July 10, 2001

Place and County of Accident: St. Louis City

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 January 27, 2006. The award and decision of Administrative Law Judge Karla Ogrodnik Boresi, issued January 27, 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 $9^{\text {th }}$ day of August 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: July 10, 2001
5. State location where accident occurred or occupational disease was contracted: St. Louis City.
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: Claimant was working as a bus mechanic when his right hand was suddenly pulled into the air compressor, amputating digits on the right hand but the thumb and part of the small finger.
12. Did accident or occupational disease cause death? No.
13. Part(s) of body injured by accident or occupational disease: Right upper extremity and the body as a whole due to depression and post traumatic stress disorder.
14. Nature and extent of any permanent disability: Permanent total disability.
15. Compensation paid to-date for temporary disability: $\ 27,307.24
16. Value necessary medical aid paid to date by employer/insurer? $\ 61,911.88

Employee: Larry Galkowski, Injury No.: 01-071471

1. Value necessary medical aid not furnished by employer/insurer? $\ 0
2. Employee's average weekly wages: $\ 735.20
3. Weekly compensation rate: $\$ 490.13 / \ 329.42
4. Method wages computation: By agreement.

1. Amount of compensation payable:

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: Jerry Klien, Jerry Klien, P.C., 7777 Bonhomme, Suite 1910, Clayton, MO 63105.

Employee: Larry Galkowski Injury No.: 01-071471

Dependents: $\quad \mathrm{N} / \mathrm{A}$ Employer: Bi-State Development Agency Additional Party:N/A Insurer: Bi-State Development Agency Checked by: KOB

The matter of Larry Galkowski ("Claimant") proceeded to hearing with Attorney Jerry Klein representing Claimant, and Attorney Jay Lory representing Bi-State Development Agency ("Employer"), who is self-insured.

The parties agreed that on July 10, 2001, Claimant sustained an accidental injury arising out of and in the course of employment that resulted in injury to the Claimant's right hand. At the time, Claimant earned an average weekly wage of $\ 735.20, which corresponds to rates of compensation of $\ 490.13 for total disability benefits and $\ 329.42 for permanent partial disability benefits. Employer paid temporary total disability benefits in the amount of $\ 27,307.24, from July 11, 2001, to August 4, 2002, or 57 and 5/7ths weeks. Employer also paid medical benefits totaling $\ 61,911.81. Employer made a lump sum payment in June 2004 of $\ 53,212.00, which represents a prepayment of its liability after August 4, 2002.

The issues to be determined are:

1. Is Claimant's current psychological condition causally related to his accident;
2. Is Employer liable for providing future medical/psychological treatment;
3. What is the nature and extent of Claimant's permanent partial or total disability;
4. What is Employer's liability for disfigurement suffered by Claimant as a

result of his work injury; and

1. Is Claimant entitled to temporary total disability benefits after August 4, 2002?

Claimant is seeking permanent total disability benefits.

Claimant is a 54-year-old, right-handed, married man who was born and raised in St. Louis. He graduated from high school, attended one year of technical school to earn a certificate in auto/diesel technology, and attended various training seminars focusing on automobile heating and cooling. Upon receipt of his technical degree, Claimant went to work with his father in the family owned automobile cooling systems service business, where he worked until approximately 1982. Thereafter, Claimant ran the business for about ten years before he closed the business because he did not enjoy dealing with the public. For approximately eight years, Claimant owned a truck and got into the hauling business delivering sand, gravel, and asphalt to building sites. In March of 2000, looking for job security, Claimant took a job with Employer.

Claimant was a Class IA bus mechanic responsible for performing general repairs on buses. Approximately six to seven months before his final day of work, Claimant became an air conditioning tech, and was able to perform specialized repair work on the cooling and heating systems of the buses. In his job for Employer, Claimant performed all physical activities, including stooping, bending, and lifting, without restrictions.

On July 10, 2001, Claimant was working at one of Employer's garages in the City of St. Louis. Around 8:30 in the evening, Claimant learned he had a bus to maintain. Because they had been having problems with bad belts, Claimant decided to take a quick look to see if the bus in his charge needed a new belt. At the precise moment he reached to grab the belt, someone started the bus, and the belt pulled his right hand into the air compressor where it became trapped. Claimant's screams brought several people to help, and they had to remove parts and cut the belt to release Claimant from the engine. Claimant received emergency treatment on the job site and was transported to Barnes Jewish Hospital by ambulance. During the course of his approximately one-week stay, Claimant underwent three separate surgeries to address the emergency issues, to debride dead tissue, and reconstruct the hand with two skin grafts. As a result of his accident and reconstructive surgery, Claimant's thumb, which was fractured, remains functional, along with one-third of his pinky finger. However, Claimant completely lost by amputation his index, middle, and ring fingers.

Claimant was under authorized treatment to cure and relieve the effects of his multiple finger amputations from July 2001 to August 2002. Dr. Tong was the primary reconstructive surgeon, but he also saw other doctors and therapists as reflected in the medical records. Among the treating doctors is Dr. Stacy Smith, a psychiatrist, whom Employer authorized in response to Claimant's request for someone to talk to about his situation.

Claimant has limited use of his right hand; he can touch his thumb to the stub of his pinky, and can grip certain items if they are of the right size and weight. He has diminished sensations and limited feeling in the affected extremity. For example, if he touches a hot object, his skin may burn before he feels the heat. He has phantom pain, and feels his fingers are always in a clutched position. He has shooting pain, and constant cramping in the phantom limbs as well as his remaining hand. His forearm experiences cramps like charley horses. His sleep is disrupted. Claimant is not a "pill person," and does not take medication or do anything else for relief.

As a result of his injury, Claimant is angry and frustrated. He describes himself as a person who does things with his hands. He used to tinker around the house, cut and split firewood, bowl, bow and rifle hunt, work on old racecars, and build model trains. He is unable to perform any of these activities since the accident. Range of motion in Claimant's arm is good, but his remaining hand cannot grip items to lift them very well. Claimant cannot go back to automobile mechanic work, and has had no employment or labor activities since 2001.

Claimant testified that when he received notice of termination of benefits in August 2002, and when Employer issued a termination letter in November 2002, his psychological state rapidly deteriorated. Following his termination by Employer, he felt useless and "bad feelings" developed. He said he felt like he was a piece of trash that had been thrown away.

In February 2003, Claimant and his wife moved from St. Louis to Omaha, Nebraska, for her job. Employer arranged for Claimant to work with Vic Antonelli, a vocational counselor at Concentra. As his case manager, Mr. Antonelli directed treatment, including visits with rehabilitation specialist Dr. Burkman, and physiologists Dr. Kaven and Dr. Wetzel. Concentra provided Claimant with a prosthetic hand to restore the appearance of a normal limb (although it had no function). Claimant's cosmetic "glove" made things worse for him because it hindered the range of motion of his thumb and made him more self-conscious. Claimant saw several doctors and therapists to address other issues, and developed a home exercise program to maintain the health of his other limbs. Claimant met with a vocational specialist to identify his vocational abilities and underwent successful talk therapy to decrease his anxieties with Dr. Kaban. Claimant complained that his sessions with Dr. Stacy Smith in St. Louis were not helpful and that her ideas or suggestions were a waste of time.

Claimant testified that his relationship with his wife is fine, although it is not as intimate as it was before the accident. He has some trouble with hygiene, but for the most part is able to care for himself. He modifies his dress habits to get dressed. For example, he pre-buttons shirts before putting them on. H