John Dedear v. Proffer Transportation, Inc. d/b/a Proffer Produce Company

fair and reasonable.

The award and decision of Chief Administrative Law Judge Jack H. Knowlan, Jr., issued May 16, 2006, is attached and incorporated by this reference.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $\qquad 30^{\text {th }} \qquad day of August 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

\qquad NOT SITTING \qquad$

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: John Dedear

Injury No. 99-146294

Dependents: N/A

Additional Party: Second Injury Fund (Claim dismissed prior to hearing)

Insurer: Missouri Employers Mutual Insurance

Hearing Date: April 10, 2006

Checked by: JK/kh

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 21, 1999
5. State location where accident occurred or occupational disease contracted: California (contract of employment

hearing for a final award. The employer-insurer was represented at the hearing by its attorney, Mr. Patrick McHugh. At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with the findings of fact and rulings of law, are set forth below as follows:

1. On or about October 21, 1999, Proffer Transportation, Inc., doing business as Proffer Produce Company was a covered employer operating under and subject to the provisions of the Missouri Workers' Compensation Act, and its liability was fully insured by Missouri Employers Mutual Insurance.
2. On or about October 21, 1999, John Dedear was an employee of Proffer Transportation, Inc. and was working under the provisions of the Missouri Workers' Compensation Act.
3. The employer had notice of the employee's accident.
4. The employee's claim for compensation was filed within the time allowed by law.
5. The employee's average weekly wage was $\ 381.29 and his rate of compensation for temporary total disability, permanent total disability and permanent partial disability is $\ 254.19.
6. No medical aid was furnished by the employer-insurer.
7. No temporary total disability benefits were paid by the employer-insurer.
8. The employee is making no claim for additional medical aid, either past or future.

1. Accident
2. Medical causation
3. Nature and extent of disability
4. Medicaid lien
5. Child support lien
6. Attorney's lien

The following exhibits were offered and admitted into evidence:

Employee's Exhibits

A. Medical records of St. Anthony Medical Center dated October 25, 1999

B. Medical records of Mineral Area Regional Medical Center from November 9, 1999 through September 23, 2002

C. Medical records of Dr. David B. Robson

D. Medical records of Dr. Rustico Ramos

E. Medical records of Parkland Health Center

F. Medical records of Missouri Baptist Medical Center

G. Medical records of Veterans Administration Hospital

H. Medical records of Dr. David M. Peeples

I. Deposition of Dr. David B. Robson

J. Deposition of Ms. Donna Kisslinger-Abrahm

K-1. Phone records of Proffer Transportation, Inc.

K-2. John Dedear log book

K-3. New Star bill of lading

K-4. Proffer Transportation, Inc. wage statement

K-5. John Dedear fuel card printout

K-7. John Dedear physical examination dated January 28, 1999

K-20. Bruce's Am-Best Truck Stop invoice 615048

L. Map of Southern California

M. Copies from Southwestern Bell telephone book

N. Drawing of trailer

O. Calendar

P. Attorney's lien from Brown \& Crouppen

Q. Social Security cards

1. Report of Injury
2. November 15, 1999 Claim for Compensation
3. July 9, 2003 amended Claim for Compensation
4. Deposition of Dr. Daniel Kitchens
5. Driver's application for employment
6. Certified copies of records from Division of Workers' Compensation
7. Social Security card
8. Deposition of John Dedear taken January 6, 2000
9. Deposition of John Dedear taken October 26, 2005
10. Termination Form

At the time of his accident, John Dedear (hereinafter referred to as "Employee") was employed as a truck driver by Proffer Transportation, Inc., d/b/a Proffer Produce Company (hereinafter referred to as "Proffer" or "Employer").

On October 21, 1999, the employee was loading produce into his trailer at a location near Bakersfield, California when he slipped and fell landing on his buttocks. The height of the employee's fall is not clear. In his original deposition, the employee testified that his foot slipped as he was stepping from the pallet onto the floor, and he fell backwards onto his buttocks (Employer-insurer's exhibit 8, page 55). The medical records, however, indicate the employee told several healthcare providers that the fell 13 feet onto his sacrum (Employee's exhibits E, B, G and H). At the time of the hearing, the employee did not specify how far he fell, but during his cross examination the employee agreed that he was inside the trailer and his fall could not have been 13 feet because the trailer was only 9 feet high. This example is one of several instances in which the employee exaggerated, embellished or distorted the facts during the course of his medical treatment.

After the employee slipped and fell onto his buttocks, the employee "laughed it off", and did not have any symptoms other than his "butt was sore and wet" (Employer-insurer's exhibit 8, page 55). During his return trip from California to Missouri, the employee testified that he started experiencing stiffness and pain in his low back, and numbness in his right leg. Both the employee and his wife, Marion, testified that they reported his fall in several telephone conversations with Mr. Chuck Skiles. Mr. Skiles was the dispatcher for Proffer who had brokered the employee's load. Mr. Skiles was no longer working for Proffer at the time of the hearing, and emphatically denied that either the employee or his wife had ever reported a fall or injury during these telephone conversations. Mr. Skiles indicated that he did not become aware that the employee was hurt until almost two weeks later, after the employee had been to the hospital.

After returning to Missouri and delivering his load, the employee went to the emergency room at St. Anthony's Medical Center on October 25, 1999. The employee gave a history of falling in his trailer four days ago, and was complaining of low back and right leg pain. The emergency room physician diagnosed low bac