Melvin Mitchell v. North American Van Lines a/k/a Muscle North America

Additional Party: N/A

Insurer: Zurich North American Ins. Co. (Third Party Administrator - Broadspire)

Hearing Date: February 16, 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? March 27, 1998
5. State location where accident occurred or occupational disease contracted: South Carolina (contract of employment and principle place of employment occurred in Butler County Missouri)
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 happened or occupational disease contracted: Employee injured his low back while lifting a moving box.
12. Did accident or occupational disease cause death? No
13. Parts of body injured by accident or occupational disease: Low back
14. Nature and extent of any permanent disability: Permanent total disability
15. Compensation paid to date for temporary total disability: $\ 36,182.78
16. Value necessary medical aid paid to date by employer-insurer: $\ 61,137.17
17. Value necessary medical aid not furnished by employer-insurer: $\ 189,095.13
18. Employee's average weekly wage: $\ 604.00
19. Weekly compensation rate:

$\ 402.67 for temporary total disability and permanent total disability $\ 278.42 for permanent partial disability

1. Method wages computation: By agreement.
2. Amount of compensation payable:

Previously incurred medical expenses: $\ 189,095.13

Permanent total disability: $\ 402.67 per week commencing on November 2, 2001, and continuing for the remainder of the employee's life or until suspended, if the employee is restored to his regular work or its equivalent as provided in Section 287.200 RSMo.

1. Second Injury Fund liability: N/A
2. Future requirements awarded: Future medical aid pursuant to Section 287.140 RSMo and permanent total disability benefits.

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: Joseph P. Rice

On February 16, 2006, the employee, Melvin Mitchell, appeared in person and by his attorney, Mr. Joseph P. Rice, for a hearing for a final award. The employer-insurer was represented at the hearing by its attorneys, Mr. Robert Haeckel and Ms. Sabrina Merritt. 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 March 27, 1998, North American Van Lines and Muscle North America were covered employers operating under and subject to the provisions of the Missouri Workers' Compensation Act, and their liability was fully insured by Zurich North American Insurance Company.
2. On or about March 27, 1998, Melvin Mitchell was an employee of North American Van Lines and Muscle North America, and was working under the provisions of the Missouri Workers' Compensation Act.
3. On or about March 27, 1998, the employee sustained an accident that arose out of and in the course of his employment.
4. The employer had notice of the employee's accident.
5. The employee's claim was filed within the time allowed by law.
6. The employee's average weekly wage was $\ 604.00 and his rate of compensation is $\ 402.67 for temporary total disability and permanent total disability and $\ 278.42 for permanent partial disability.
7. The employer-insurer paid medical expenses through November 1, 2001 totaling \61,137.17.
8. The employer-insurer paid temporary total disability benefits for 896 / 7 weeks at the rate of \ 402.67 per week for a total of $\ 36,182.78. These temporary total disability benefits covered the time periods from March 28, 1998 through April 23, 1998; July 12, 1999 through July 18, 1999; and March 7, 2000 through November 1, 2001.

1. Medical causation
2. Additional medical aid - past and future
3. Nature and extent of disability

The following exhibits were offered and admitted into evidence:

Employee's Exhibits

A. Medical records of Dr. Larry Horvath

B. Medical records of Dr. Donald S. Piland

C. Medical records of Dr. Joseph Miller

D. Not offered

E. Medical records of Dr. Garcia J. DeSousa

F. Letter from Dr. Joseph Miller dated August 18, 1999

indication the employee was still experiencing low back pain. The employee's recollection was that the January 21, 1998 visit involved pain between his shoulder blades, and the symptoms had completely resolved prior to his March 27, 1998 accident. There is no evidence that the employee had any pain radiating down his leg in January of 1998, and there is no evidence of any other prior episodes of low back pain. The employee had a complete physical on March 27, 1997, and had no complaints of back pain (Employee's exhibit B).

- On March 27, 1998, the employee was lifting a 1.5 cubic foot book box, when he felt a sharp pain in his low back. The pain caused the employee to fall to his knees. The employee's initial statement to an investigator on March 29, 2001, and his history to Dr. Joseph Miller indicates that the box weighted 50 - 60 pounds (Employee's exhibits QQ and C). At the time of the hearing, the employee could not recall how heavy the box was, but admitted that he had previously testified in his deposition that the box weighted approximately 10 pounds.

- The employee first sought treatment on March 30, 1998 from Nurse Practitioner Piland. The employee reported persistent, sharp pain with pressure with standing, sitting or lying down. Nurse Practitioner Piland found the employee had a posi