Matthew Ryan v. TBR Enterprises, Inc. d/b/a Schulze Tool Company

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 05-086767

Employee: Matthew Ryan

Employer: TBR Enterprises, Inc.

d/b/a Schulze Tool Company

Insurer: Westport Insurance Corporation

Date of Accident: November 18, 2004

Place and County of Accident: Independence, Jackson County, Missouri

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations 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 26, 2006, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Emily S. Fowler, issued May 26, 2006, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 8^{\text {th }}$ day of November 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

FINAL AWARD

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 18, 2004.
5. State location where accident occurred or occupational disease was contracted: Independence, Jackson 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? No.
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: While in the course and scope of his employment, Employee was on a truck which began to move, he jumped off landing flat on his feet causing the injuries to his right hip.
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: Right hip.
14. Nature and extent of any permanent disability: Undetermined at this time.
15. Compensation paid to-date for temporary disability: None.
16. Value necessary medical aid paid to date by employer/insurer? None.
17. Value necessary medical aid not furnished by employer/insurer? None.
18. Employee's average weekly wages: $\ 705.20
19. Weekly compensation rate: $\$ 470.13 / \ 354.05
20. Method wages computation: By agreement.

1. Amount of compensation payable: None. N/A weeks of temporary total disability N/A weeks of permanent partial disability from Employer N/A weeks of disfigurement from Employer

1. That the Employer has paid no temporary total disability or medical care to date, that Employee does seek additional temporary total disability benefits beginning July 22, 2005 to the present date; and
2. That Employee was working subject to the law in Independence, Jackson County, Missouri.

The parties requested the Division to determine:

1. Whether the Employee notified the Employer of the injury as required by law;
2. Whether the Employee sustained an accident or occupational disease arising out of and in the course of his employment;
3. Whether the Employee is entitled to temporary total disability benefits from July $22^{\text {nd }}$ through the date of this hearing and ongoing; and
4. Whether the Employer must provide the Employee with additional medical care.

The Employee's evidence consisted of the live testimony of Matthew Ryan as well as his wife, Roneita Ray Ryan, and the following exhibits, which were admitted into evidence without objection:

Exhibit A - medical records of Matthew Ryan

Exhibit B - deposition of Aaron Todd Stegmaier

Employer and Insurer did not have any live witnesses, but offered the following exhibits into evidence, which were received without objection:

Exhibit No. 1 - claim for compensation

Exhibit No. 2 - deposition of Carole Austin Felix

Matthew Ryan, hereinafter referred to as Employee, was working for Schulze Tool Company on November 18, 2004 when he was injured while in the course and scope of his employment. Employee testified that although the original filing date of injury was in January of 2005, after reviewing records, he determined that his actual date of injury was November 18, 2004.

Employee explained that he was injured when he was helping coworkers get a fork truck unstuck from the side of another truck. Apparently, the fork truck had lifted a load and spun its tires because the break was still on; however, this caused the fork truck to become wedged, and in order to release the two vehicles, Employee had to climb up onto the truck and unhook a tarp from the top, which was creating a bind keeping the fork truck from being able to move out. Once the bind was released, the truck driver moved forward and Employee was forced to jump off of the truck, clipping his right hip and landing on his feet. Employee stated he caught himself before he landed on the ground, but he did land feet first. He stated that Leon and a Richard Bell were present at the time and that his supervisor, Doug Keifer and Eric Stegmaier were also in the area.

After landing on his feet he stood up and his hip hurt him "real bad." He stated that Leon had his head turned and Richard was up by the cab drinking coffee with his back to him, and therefore, neither of them actually saw him come off the truck. Employee states he went into the office and told Mr. Stegmaier what had happened. Mr. Stegmaier was asked if he was going to be all right and Employee told him he thought he would be okay. He did tell him it hurt all over his body, but there was no instruction to fill out a report or to report it to workers' compensation. Employee stated that Doug Keifer knew that it happened because Employee heard that when someone named Aaron walked into the office, Richard was being chewed out by Doug Keifer for what had happened.

When Employee returned to his home that evening, he realized that he had broken a shoe insert, which he had been wearing as a result of a previous accident. He states it was almost torn in half. He stated he suffered from stiffness in his neck and back and his hip popped and crunched quite a bit. His foot was bothering him a

great deal. He finally ended up taping the shoe insert. He had no problems with his left hip, but his right hip was hurting. He waited until after Christmas to get his shoe insert fixed. When the shoe insert was replaced, the symptoms in his foot went away but not in the hip, although they did get somewhat better. He stated that he could hear popping in his hip socket, crunching and popping noises from the hip, pain when he would lean on the leg, but he continued to work. He continued to see Dr. Fleishman, who is his doctor with regard to his shoe insert who eventually referred him to Dr. Dugan. Dr. Dugan ordered an MRI sometime in February of 2005. Dr. Dugan stated that he felt the hip socket was deeply bruised and that eventually his symptoms would resolve on their own.

Employee stated he told Doug Keifer in the parking lot about the results of the MRI. He said that Mr. Keifer asked him about what had happened and he told him that he injured himself when he jumped off the truck. He stated that Mr. Keifer's response was simply to say, "Huh" and threw a cigarette down and walked back to the office. Employee never requested to file a report of injury. He stated he did not feel comfortable doing so. He stated that over time symptoms got worse as he became more active in the spring. He stated that since he quit working the pain has subsided. He saw his family doctor in July of 2005, who examined him and did a rotation movement with his leg and he said there was no rotation in the right leg at all. He said that after the exam he was returned to work on July 25. He finally couldn't take it anymore and he left work telling Doug that his hip hurt too bad. He states his family doctor told him to stay off of it for six weeks and referred him to a specialist. When he told the Employer that he wouldn't be coming back for six weeks, he stated there was no discussion but that Mr. Keifer said, "that's fine." When he spoke with Bruce Goin, the owner, he was told to file a claim and to call Carole Felix, the secretary, to report the injury. He told Ms. Felix that he was injured on the job. He was told by Carole that he could not do that.

Other physicians he saw for care were Dr. Cook and Dr. Mark Maguire. Dr. Cook wanted to do an arthrogram, which has not been done because Employee did not have the money. Dr. Maguire examined him and said he would send him to a surgeon. Since he saw Dr. Maguire he has only seen his family doctor who continues to treat him. He is reluctant regarding surgery. He has remained off of work. His condition has not changed. He feels he is permanently disabled in his hip. He stated since the date of November 18, 2004 through July 25, 2005 when he quit working he has had no other accidents. He has not been able to return to work since that time.

On cross-examination he stated that when he originally filed his Claim for Compensation the date of accident was noted as January 2, 2005, but he stated that was not the correct date. In his deposition he stated that he was not certain of the date of accident, but now he knows the right date. He admitted on crossexamination that he never requested of his supervisor need for treatment and didn't ask to file