Mark Lancaster v. United Parcel Service

1. Are any benefits awarded herein? No
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: November 6, 2002
5. State location where accident occurred or occupational disease was contracted: St. Louis County
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 lifting a box and fell onto his right side.
12. Did accident or occupational disease cause death? No
13. Part(s) of body injured by accident or occupational disease: groin, right hip, low back
14. Nature and extent of any permanent disability: None
15. Compensation paid to-date for temporary disability: 3710.40
16. Value necessary medical aid paid to date by employer/insurer? $\ 6079.14

Employee: Injury No.: 02-122484 17. Value necessary medical aid not furnished by employer/insurer? None 18. Employee's average weekly wages: Maximum 19. Weekly compensation rate: $649.32 / 340.12$ 20. Method wages computation: Stipulation

1. Amount of compensation payable:

NONE 22. Second Injury Fund liability: No

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 N/A of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: N/A

Employee: Mark Lancaster

Injury No.: 02-122484

Dependents: $\mathrm{n} / \mathrm{a}$

Before the

Employer: United Parcel Service

Division of Workers'

Compensation

Department of Labor and Industrial

Additional Party: Second Injury Fund

Relations of Missouri

Jefferson City, Missouri

Insurer: Liberty Mutual Insurance Group

Checked by: $\mathrm{KMH} / \mathrm{tr}$

Three claims were tried together, Injury Numbers 02-122484, 02-125282 and 03-126470. Pursuant to 8 C.S.R. 203.050(1)(2) and (3), all claims were tried together in one proceeding and one transcript will be generated but 3 separate awards will be issued. The claims and facts are so inextricably intertwined that resolution of one necessarily involves resolution of the others. The earliest Injury Number, 02-122484, will be designated the master proceeding and the evidence and transcript will reside in that file.

The hearing in these matters was held February 2, 2006. Mark Lancaster (Claimant) was represented by attorney Mark Haywood. United Parcel Service (Employer) and its insurer, Liberty Mutual, were represented by attorney Maureen Cary.

The issues in the first claim, 02-122484 were medical causation, liability for past medical expenses of \$32,140.85, temporary total disability and permanent partial disability.

The issues in the second claim, 02-125828, were medical causation and the nature and extent of permanent partial

disability.

The issues in the third claim, 03-126470 were accident, medical causation, liability for past medical expenses in the amount of $\ 32,140.85, temporary total disability and permanent partial disability.

For the first claim, injury number 02-122484, the parties stipulated to the following:

1. Claimant alleges that on November 6, 2002, he sustained an injury by accident while in the course and scope of his employment.
2. On that date, Claimant was an employee of Employer. Employer and Claimant were operating under the provisions of the Missouri Workers' Compensation Law.
3. Employer's liability was fully insured by Liberty Mutual Insurance Group.
4. Claimant's average weekly was sufficient to entitle him to the maximum rates for TTD and PPD, which are $\ 649.32 and $\ 340.12 respectively.
5. Employer has paid $\ 3710.40 to date in TTD and $\ 6079.14 in medical benefits.
6. Employer had notice of the injury and Claimant's claim was timely filed.

Based on the competent and substantial evidence, I find:

1. Claimant is a 47-year-old man who currently works as a car salesman.
2. Claimant worked for Employer for nearly 29 years as a package car driver until his termination in June 2005. His job involves home and commercial delivery of packages of all different weights. On any given day, Claimant made 100150 stops to deliver packages.
3. Claimant alleges on November 6, 2002, he was retrieving a 70 -pound box from the top storage shelf and fell backwards injuring his right hip, right groin, back and shoulder.
4. Claimant's first treatment for this injury was November 11, 2002 with Dr. Cynthia Byler. Dr. Byler's records reflect a history from Claimant not of a fall, but of injuring himself at work getting a package up from shoulder level. According to records, Claimant got the package down to the step and when moving it off the step, he experienced sharp pain in the groin. He complained to Dr. Byler of pain when flexing his right hip. Dr. Byler noted Claimant had a slight limp and diagnosed a right groin strain. Dr. Byler ordered medications, physical therapy and light duty.
5. On November 20, 2002, Claimant was involved in a motor vehicle accident while working. He testified the accident occurred because he had to lift his leg to change from the gas to the brake pedal. He had to lift his leg due to pain in the hip from his last injury. Claimant testified he injured his head, shoulder and neck as a result of this accident.
6. Claimant first saw Dr. Byler for this vehicle incident on December 2, 2002 (Exhibit 6). She diagnosed cervical, thoracic and right shoulder sprain, and she felt Claimant could continue working. Claimant was already working light duty as a restriction due to the prior injury.
7. Dr. Byler's December 2, 2002 report also addressed Claimant's November 6, 2002 injury. She noted Claimant felt his right hip was better, he still had a little bit of soreness, no limp and had minimal tenderness.
8. Claimant next saw Dr. Byler 12/13/02 (Exhibit 6). Her records indicate Claimant said his neck and thoracic area were doing well and he had some pain in his right shoulder. Dr. Byler released Claimant to return to full duties.
9. At that visit, Dr. Byler also examined Claimant's groin and noted he had no limp and was able to squat and return to standing with no difficulty. Her exam produced no objective findings and she reiterated her diagnosis of right groin strain as a result of Claimant's November 6, 2002 injury.
10. Claimant sought no further treatment related to his November 22, 2002 motor vehicle accident and continued to work

full duty.

1. Claimant sought no treatment for his groin injury of November 6, 2002, until June 2003. He then again presented to Dr. Byler (Exhibit 7) with complaints of anterior right groin pain, which he said had been constant since his last visit in December 2002. He also complained of pain upon going up steps and said he couldn't sleep on his back because it "pulls". Dr. Byler examined Claimant and found he appeared to be uncomfortable, he hesitated with ambulation, and resisted flexion of his right hip was extremely painful. He had no pain in his left hip.
2. Due to continued groin complaints, Dr. Byler referred Claimant to Dr. Bennett. Dr. Bennett performed exploratory surgery in June 2003 but did not find a hernia. (Exhibit 8)
3. Claimant continued to treat with Dr. Byler who notes on August 6, 2003 (Exhibit 7) that Claimant was limping again and complained that he always has a limp. He advised Dr. Byler that he remembered an injury 2-3 years ago where he was treated for right hip problems.
4. Claimant saw Dr. Bennett again August 7, 2003 (Exhibit 8). Dr. Bennett noted considerable problems with the thigh/groin crease and opined Claimant's problem was more arthritic than soft tissue.
5. Employer sent Claimant to Dr. Nogalski in August 2003. Claimant completed the initial patient questionnaire (Exhibit 2) stating he injured his right hip November 2002. He did not make mention of his prior hip injury and treatment in 2001 or 1990. Claimant complained of right hip pain, which Dr. Nogalski noted Claimant also had in 2001. Dr. Nogalski found Claimant's hip motion was decreased and ordered x-rays, which showed right hip joint space narrowing and osteophytes. Dr. Nogalski diagnosed symptomatic degenerative joint disease of the right hip. He opined this was idiopathic and was not substantially related to Claimant's work. Dr. Nogalski also told Claimant he should consider hip replacement surgery.
6. In November 2003, Dr. Bennett again saw claimant and reiterated his belief that Claimant's pain was generated by a bad hip joint. (Exhibit 8)
7. On December 10, 2003, Claimant alleges he slipped and fell getting into his delivery truck. He testified he injured his knee, right hip and back. There were no witnesses to this alleged accident.
8. Claimant saw Dr. Byler that day and complained of pain in his right shoulder, right hips, right knee and low back. Dr. Byler's record of this visit (Exhibit 7) indicates Claimant told her his right hip is always sore because of his arthritis. He advised Dr. Byler he was seeing Dr. Albanna, but did not mention why. Dr. Albanna is a neurosurgeon. Dr. Byler examined Claimant, found no objective signs of injury, and released Claimant to full duty. She diagnosed right low back pain, right knee pain, chronic right hip pain and altered mood.
9. Claimant again saw Dr. Byler for hip complaints January 16, 2004 (Exhibit 7). He complained of right hip pain, which was " 10 times worse" since his December 10, 2003 fall. Dr. Byler's records indicate Claimant told her he needed a hip replacement due to pre-existing deg