Glenn Fernau v. City of Florissant

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 22, 2003
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, a police officer, was checking a building at night when he fell down concrete steps. 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 arm at shoulder level, low back and hip, mental and facial fractures 14. Nature and extent of any permanent disability: Claimant is permanently and totally disabled 15. Compensation paid to-date for temporary disability: 34 weeks ( 33.7 weeks) at $\ 648.67 for a total of $\ 21,870.84 16. Value necessary medical aid paid to date by employer/insurer? \$102,944.63

Employee: Glenn Fernau Injury No.: 03-027182 17. Value necessary medical aid not furnished by employer/insurer? \25,223.65 18. Employee's average weekly wages: \ 973.00 19. Weekly compensation rate: $\$ 648.67 / \ 340.12 20. Method wages computation: By agreement

1. Amount of compensation payable:

FINDINGS OF FACT and RULINGS OF LAW:

On March 1, 2006, a hearing was held in the above-mentioned matter. The Claimant was represented by Attorney Cynthia Hennessey. The Employer/Insurer was represented by Attorney Paul Huck. The Second Injury Fund was represented by Assistant Attorney General Da-Niel Cunningham.

1. Statement of Dr. Feinberg showing charges and payments.
2. Certified records of Division of Employment Security.
3. Certified records of Missouri Department of Conservation.* (Exhibit 23 was taken under submission

and offered by Employer pursuant to $\S 490.180$ R.S.Mo.)

1. Certified Transcript of Glennon R. Fernau from Lindenwood University for 2004-2005.
2. Private disability claim records of Prudential Insurance.

26.SSDI claim record.

1. At the time of the hearing, the Claimant, Mr. Fernau, was 41 years of age and a right-hand dominant individual who was a police officer for approximately 14 years prior to his injury. On March 22, 2003, he fell down a flight of concrete stairs resulting in his injuries. Employee lost consciousness and eventually was taken from the scene of the fall by ambulance to Christian Hospital Northeast where he was diagnosed as having a jaw fracture, right orbital fracture, fifth cranial nerve injury, and seventh cranial nerve injury resulting in facial weakness and hypersensitivity, right upper extremity injuries including fracture of the right elbow, carpal tunnel syndrome, right wrist fracture and adhesive capsulitis of the right shoulder as well as hip and low back injuries. Claimant was further diagnosed with having mental/emotional trauma.
2. Employee was in the hospital for six days and remained off work until November 2003 when his Employer allowed him to return to work at light duty capacity. The Employer, City of Florissant, terminated the Employee's employment on May 21, 2004 because of the permanent restrictions that he had.
3. Employee's medical treatment terminated in May of 2004 and since that time to the date of the hearing his physical a