Debora Jackson (Wells) v. Buse Industries

(Affirming Award and Decision of Administrative Law Judge)

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 May 24, 2006. The award and decision of Administrative Law Judge Cornelius T. Lane, issued May 24, 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 21st day of September 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: September 29, 2003
5. State location where accident occurred or occupational disease was contracted: St. Louis 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 occurred or occupational disease contracted: Employee, while typing on a computer, felt pain in her left thumb.
12. Did accident or occupational disease cause death? No Date of death? N/A
13. Part(s) of body injured by accident or occupational disease: Left thumb
14. Nature and extent of any permanent disability: 7% of the left thumb
15. Compensation paid to-date for temporary disability: -0-
16. Value necessary medical aid paid to date by employer/insurer? $3,345.98

Employee: Debora (Wells) Jackson Injury No.: 03-094176

1. Value necessary medical aid not furnished by employer/insurer? -0-
2. Employee's average weekly wages: 566.00
3. Weekly compensation rate: 377.33/$347.05
4. Method wages computation: By stipulation

1. Amount of compensation payable: 4.2 weeks of permanent partial disability from Employer $1,457.61

1. Second Injury Fund liability: Open

TOTAL:

1. Future requirements awarded: N/A

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:

Robert J. Thomeczek

The Claimant, Debora (Wells) Jackson, was represented by Attorney Robert Thomeczek. The Employer/Insurer was represented by Attorney Mark Cordes. The date of the hearing was May 1, 2006.

1. Claimant's average weekly wage was $\ 566.00 with rates of compensation of $\ 377.33 for temporary total disability benefits and $\ 347.05 for permanent partial disability benefits.
2. Employer paid medical expenses in the amount of $\ 3,345.98.
3. No temporary total disability has been paid by Employer.

1. Did Claimant sustain a compensable injury or occupational disease;
2. Is Claimant entitled to future medical care;
3. What, if any, temporary total disability is Claimant entitled to; and
4. Is Claimant entitled to any permanent partial disability, and, if so, to what extent?

1. Claimant, at the time of the hearing, was 48 years of age and unemployed.
2. Claimant commenced work at Buse Industries, the Employer, about 1994 and the first couple of years she worked on the assembly line and following that, for approximately four years, she worked as a lead supervisor of the assembly line, which did encompass some assembly line work, and after that Claimant worked in the office on a computer approximately 4 to 6 hours and a couple of hours on the telephone directing employees in the factory.
3. Claimant, prior to her work at Buse Industries, had worked approximately five years for McDonnell Douglas on the assembly line.
4. On September 29, 2003, the Claimant, while working on her computer felt pain at the base of her left thumb and reported it to her supervisor, Ms. Neal, who referred Claimant to SSM Corporate Health.
5. At SSM Corporate Health, she was seen by Dr. Leahy, who placed her on light duty with no lifting or typing, and placed a brace upon her left hand and referred her to physical therapy. Dr. Leahy, on November 11, 2003, referred Claimant to Dr. David Brown, a hand specialist.
6. Dr. Brown, on November 25, 2003, saw the Claimant who made complaints of pain at the base of her left thumb. Dr. Brown next saw the Claimant on February 9, 2004, at which time he released her from his care.
7. Claimant, after being released by Dr. Brown, continued to work for the Employer until April 13, 2004, when she quit because she had so much pain in her hands.
8. Claimant returned to see Dr. Brown on November 8, 2005, and the doctor gave her steroid injections as he did on December 20, 2005, and February 14, 2006. Dr. Brown recommended an MRI as well as a nerve conduction study. The reason for these studies was that Claimant reported numbness and tingling in her hands and pain in her left wrist. Dr. Brown recommended extensive surgery on Claimant's left hand because she has arthritis.
9. Claimant testified that after having left work at the Employer that her hand complaints have worsened and had complaints her right hand.
10. Dr. Brown testified that he first saw the Claimant on November 25, 2003, and she gave him a history that approximately two months prior to her seeing him that while working on her computer she reached for a key with her left thumb and she heard a pop and that she had pain and swelling at the base of her left thumb. Dr. Brown diagnosed that Claimant had arthritis at the base of her left thumb, which was confirmed by x-rays. Dr. Brown testified that osteoarthritis develops as a result of getting older as a natural aging process.
11. Dr. Brown continued to treat the Claimant up through February 28, 2006, and stated that the Claimant had complaints of pain of the wrist on the left as well as the right. Dr. Brown, as a result of his re-evaluation of Claimant, felt that the Claimant should have an MRI and nerve conduction tests because of the complaints in the left and right hands.
12. The MRI test revealed that the Claimant had osteoarthritic changes in the Claimant's hands and that surgical treatment was reasonable.
13. Dr. Brown did not feel that the surgical treatment he recommended was related to her employment.
14. Dr. Brown stated that when he first saw the Claimant her complaint was with regard to an acute injury and not a gradual onset of injury.
15. Dr. Brown testified very credibly that the Claimant stated that the acute injury occurred when she was working on her computer and reached for a key with her left thumb which caused her thumb to pop and that was the reason for her seeing the doctor. Dr. Brown further felt that Claimant did not sustain an occupational disease as a result of her employment with the Employer and that the remaining problems with her hands are as a result of osteoarthritis which is a result of age.

Based upon the above Findings of Fact, I find:

1. The Claimant did sustain an accident at work wherein she, while working on the computer, reached for a key with her left thumb, which caused popping and sharp pain, and as a result Claimant sustained a strain/sprain to her left thumb.
2. I find that Claimant sustained a 7 % permanent partial disability of her left thumb as a result of her employment at Buse Industries.
3. The Claimant is not entitled to any additional medical treatment by the Employer/Insurer.
4. I find that Claimant is not entitled to any temporary total disability benefits as a result of her claim.

A true copy: Attest:

Division of Workers' Compensation

Employee: Debora (Wells) Jackson

Injury No.:

03-094176