Jillian Bartle v. Meramec Group

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-078665

Employee: Jillian Bartle

Employer: Meramec Group

Insurer: Self-Insured

Date of Accident: March 6, 2003

Place and County of Accident: Franklin County, Missouri

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 October 24, 2006. The award and decision of Administrative Law Judge Kevin Dinwiddie, issued October 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 $\qquad$ 21st day of February 2007.

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: March 6, 2003
5. State location where accident occurred or occupational disease was contracted: Franklin 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? Self-Insured
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee struck in the head by a heavy metal mold while transferring molds from a cart
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: head injury
14. Nature and extent of any permanent disability: 20% permanent partial disability of the body as a whole referrable to the head
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? $4,389.20
17. Value necessary medical aid not furnished by employer/insurer? 2,816.65
18. Employee's average weekly wages: 255.86
19. Weekly compensation rate: $170.57/$170.57
20. Method wages computation: by agreement of the parties

1. Amount of compensation payable:

1. Future requirements awarded: See Award as to future medical care

Said payments to begin as of the date of this Award 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:

Susan L. Brown

Employee: Jillian Bartle

Injury No: 03-078665

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: ---

Employer: Meramec Group

Additional Party N/A

Insurer: Self-Insured

Checked by: KD/bb

The claimant, Ms. Jillian Bartle, and the self -insured employer, Meramec Group, appeared at hearing by and through their counsel and entered into certain agreements and stipulations as to the evidence and issues to be presented in this claim for compensation. No claim as against the State Treasurer, as custodian of the Second Injury Fund, has been filed.

The parties stipulate that on or about the $6^{\text {th }}$ day of March, 2003, the claimant sustained an injury by accident arising out of and in the course of employment in Franklin County, Missouri. The parties further agree that the issues to be resolved at hearing are as follows:

Medical causation;

Liability for certain past medical expenses;

Future medical care; and

Permanent partial disability.

Ms. Jillian Bartle appeared at hearing and testified on her own behalf. The claimant also submitted the deposition testimony of Shawn L. Berkin, D.O., taken on 9/26/05. The employer submitted the deposition testimony of Patrick A. Hogan, M.D., taken on 1/13/06.

The following exhibits are in evidence:

A. Certified medical records of Missouri Baptist Hospital-Sullivan for treatment dated 3/6/03

B. Certified medical records of Missouri Baptist Hospital- Sullivan for treatment from 7/03/03 through 1/21/04

C. Certified medical records of BJC Union Clinic

D. Medical records of Dr. Jerry Fitzgerald

E. Certified medical records of N.E.I of St. Louis (Dr. David Peeples)

F. Certified medical records of N.E.I of St. Louis (Dr. David Peeples), 3 pages

G. Deposition of Shawn L. Berkin, D.O., taken on 9/26/05

H. Employees Injury Report

I. Billing statements of Missouri Baptist - Sullivan, with attached correspondence from Berlin-Wheeler, debt collection agent.

1. Deposition of Patrick A. Hogan, M.D., taken on 1/13/06

Ms. Bartle, 22 years old as of the date of hearing in this matter, began her employment with Meramec Group in May of 2002. Ms. Bartle was employed as a "line operator/mold tech", and her duties included pulling shoe soles out of molds, and taking molds on and off the assembly line. Ms. Bartle acknowledged that the various metal molds used on her assembly line were approximately 12 inches long, and weighed as much as 70 to 150 pounds apiece.

At hearing Ms. Bartle testified that while between shelves of molds, and as she was picking up a mold off of the floor next to her cart, a mold fell off of a shelf and struck her in the back of the head. In an injury report dated 3/10/03 (See Claimant's Exhibit H) Ms. Bartle reported that she "noticed the mold fell off my cart and had hit me in the head". Dr. Peeples, in his report dated 12/2/03 (Claimant's Exhibit E) documents a history provided to him by Ms. Bartle as follows: "On 3/3/03, while putting molds into a rack, a mold fell off the top of the card (sp) which she was loading and hit her on the back and top of the head". On cross-examination, Ms. Bartle acknowledged that she could not recall whether the mold fell off of her cart or fell off of a storage shelf. Irrespective of the exact mechanism of injury, it is clear from the record that at approximately 1:30 p.m. on 3/6/03, and nearing the close of a work shift beginning at 7:00 a.m. and to end at 3:00 p.m., Ms. Bartle suffered an injury by accident arising out of and in the course of her employment when she was struck in the back of the head by a heavy metal mold.

Claimant relates that she "passed out" as a result of the trauma to her head, and recalls that when she regained consciousness her head was pounding, and she was suffering from swelling on her head. Claimant reported her injury to a supervisor, and though feeling dizzy and with a knot on her head, chose to refuse the immediate offer of medical attention. Claimant relates that she spent the balance of her work shift in the break room, and did not seek medical attention until later that night.

Medical records from Missouri Baptist Sullivan (Claimant's Exhibit A) reveal that on 3/6/03 Ms. Bartle presented with complaints of headache, nausea, and blurred vision following her head trauma. CT of the brain performed that evening was reported as negative. Medical records from BJC Union Clinic (Claimant's Exhibit C) indicate that on 3/10/03 the claimant presented with a history of concussion injury to her head, and with complaints of head and eye pain. On that same date, 3/10/03, Ms. Bartle met with Dr. Fitzgerald, the "company doctor", who diagnosed Ms. Bartle as suffering from closed head trauma and concussion. Dr. Fitzgerald prescribed Ibuprofen and instructed the claimant to return for follow up in one week. On 3/17/03 Ms. Bartle reported ongoing complaint of dizziness, occasional headache and blurred vision, and was to

return in one week (see Claimant's Exhibit D).

On 7/3/03 Ms. Bartle presented at Missouri Baptist Hospital-Sullivan with various complaints of nausea, body numbness, "passing out", and of problems with her vision. A non-contrast brain scan and an EKG were performed and were reported as negative.

On 7/07/03 Ms. Bartle presented at BJC Union Clinic with a history of seizure complaint. EEG and MRI were recommended in conjunction with a neurology referral.

On 7/14/03 the claimant met with Dr. David Peeples, a neurologist, by referral by Dr. Glen Calvin, the claimant's personal physician. In his written report dated 7/14/03 (See Claimant's Exhibit F), Dr. Peeples recites a history of claimant having suffered four generalized seizures over the past week or so. Dr. Peeples performed an examination, and concluded that the claimant required medication, Trileptal 300 mg twice a day, for "a new onset seizure disorder". Dr. Peeples was unable to state whether the head trauma suffered by the claimant was contributory to her seizure disorder.

On 7/16/03 Ms. Bartle met with Dr. Fitzgerald, who was provided with the history of head trauma on 3/6/03, followed by complaint of seizures on multiple occasions beginning on 7/3/03. Dr. Fitzgerald recommended a referral for neurological evaluation. On 8/15/03 Ms. Bartle met with Dr. Peeples for further evaluation as to her work injury of 3/6/03. The history provided to Dr. Peeples at that time included complaints of headache, nausea, and vomiting shortly after the head trauma at issue, followed in early July of 2003 with episodes of loss of consciousness, associated with urinary incontinence, convulsive movements, and post ictal confusion. Dr. Peeples completed a neurologic examination that revealed normal responses and negative findings. Dr. Peeples nonetheless concluded that Ms. Bartle suffered from a new onset seizure disorder; that she remained seizure free for the last six months while on the Trileptal; and further stated that "It is recognized that head trauma even without loss of consciousness or radiologic evidence of intraparenchymal damage can be a significant risk factor for subsequent development of seizures". Dr. Peeples went on to state that there was no specific test or definitive way to determine whether the seizure disorder at issue is idiopathic or post traumatic. Dr. Peeples went on to recommend an MRI to rule out any underlying structural lesion that would predispose or cause seizures.

Although it is not clear as to the exact date of the testing, Claimant's Exhibit H includes an outpatient admission record from Missouri Baptist Sullivan dated 8/14/03, and an EEG report from E.R. Schultz. M.D., prepared on or before 8/20/03, relating to an EEG performed on "Bartle, Virginia".

At the request of Dr. Peeples, an MRI of the brain with and without contrast was performed on 2/9/04. The MRI report indicates that the MRI was negative, with inflammatory changes of the paranasal sinuses seen (See Claimant's Exhibit E).