Charlotte Stone v. Dixon Nursing & Rehabilitation LC

Employee: Charlotte K. Stone

Injury No. 05-061243

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents:

Employer: Dixon Nursing \& Rehabiliation LC

Additional Party:

Insurer: Mo. Nursing Home Insurance Trust

Hearing Date: October 24, 2006

Checked by: DLZ

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 31, 2005
5. State location where accident occurred or occupational disease contracted: Pulaski 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 happened or occupational disease contracted: Claimant had bilateral shoulder pain with exacerbations on April 2005, and May 30, 2005
12. Did accident or occupational disease cause death? No Date of death? N/a
13. Parts of body injured by accident or occupational disease: Shoulders bilaterally
14. Compensation paid to-date for temporary disability: None
15. Value necessary medical aid paid to date by employer/insurer? None
16. Value necessary medical aid not furnished by employer/insurer? \2,969.39

1. Employee's average weekly wages: \ 297.50
2. Weekly compensation rate: $\ 198.33
3. Method wages computation: Stipulated

1. Amount of compensation payable:

Unpaid medical expenses: $\ 2,969.39

59-4/7 weeks of temporary total disability (or temporary partial disability)

TOTAL: $\ 14,784.19

Each of said payments to begin immediately and be subject to modification and review as provided by law. This award is only temporary or partial, is subject to further order, and the proceedings are hereby continued and the case kept open until a final award can be made.

IF THIS AWARD IS NOT COMPLIED WITH, THE AMOUNT AWARDED HEREIN MAY BE DOUBLED IN THE FINAL AWARD, IF SUCH FINAL AWARD IS IN ACCORDANCE WITH THIS TEMPORARY AWARD.

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: Kimberly Lowe

Dependents:

Employer: Dixon Nursing \& Rehabiliation LC

Additional Party

Insurer: Mo. Nursing Home Insurance Trust

Checked by: DLZ

On the $24^{\text {th }}$ day of October, 2006, the parties appeared before the undersigned Administrative Law Judge for an emergency hearing. The Claimant appeared in person and by her attorney, Kimberly Lowe. The Employer appeared by its corporate representative, Susan Williamson, and by its attorney, Patrick M. Reidy. The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, has been excused from participation in this hearing; and no evidence adduced at this hearing will be held to prejudice the issues of this claim with regard to the Second Injury Fund.

The parties have entered into a stipulation pertaining to certain facts which are not at issue in this claim, as follows, to wit: On or about the $31^{\text {st }}$ day of March, 2005, Dixon Nursing and Rehabilitation LC was an Employer operating subject to the Missouri Workers' Compensation Law; the Employer's liability was fully self-insured through the Missouri Nursing Home Insurance Trust; on the alleged injury date of March 31, 2005, Charlotte Stone was an employee of the Employer; the Claimant was working subject to the Missouri Workers' Compensation Law; the employment occurred in Laclede County, Missouri, and the parties have agreed that Laclede County, Missouri, is the proper venue for this hearing; Claimant's claim was filed within the time prescribed by Section 287.430; at the time of the claimed accident/occupational disease, Claimant's average weekly wage was $\ 297.50, sufficient to allow a compensation rate of $\ 198.33 for temporary total disability and permanent partial disability; no temporary disability benefits have been paid prior to the date of this hearing; the Employer has paid no medical benefits prior to the date of this hearing; the Claimant's attorney seeks approval of an attorney fee of 25 % of the amount of any award.

Whether the Claimant sustained an accident/occupational disease.

Whether the Claimant gave the Employer proper notice.

Whether the accident/occupational disease caused the injuries and disabilities for which benefits are now being

claimed.

Whether the Employer is obligated to pay for past medical expenses.

Whether the Claimant has sustained injuries that will require future medical care in order to cure and relieve the Claimant of the effects of the injuries.

Any temporary total benefits owed to the Claimant.

Whether the Claimant is entitled to the costs of these proceedings pursuant to Section 287.560.

A legal file was established for this hearing which consisted of the following documents, to wit: Claim for Compensation filed by the Claimant with the Division; Answer to Claim for Compensation filed by the Employer with the Division; Request for Hardship Hearing filed by the Claimant with the Division.

The Claimant, Charlotte Stone, is 52 years of age, having been born on January 18, 1954. On October 2, 2000, Claimant accepted employment with Dixon Nursing Home \& Rehabilitation LC. Claimant worked as a Certified Nurses Aid (CNA) and a Registered Nurses Aid (RNA) from the period of October 24, 2000, through May 30, 2005. Her job duties included, but were not limited to, lifting and transferring an average of 30 patients twice a day for meals, transferring and/or otherwise lifting patients for showering, restroom use, and exercise. Claimant also had to turn bedfast patients at least twice a day and exercise their arms and legs.

Claimant testified that during late December 2005 she began to develop persistent bilateral shoulder pain. In April 2005, Claimant was assisting a resident and felt a pop in her right shoulder. She continued to work because her pain was manageable. On April 6, 2005, she was seen by Dr. Sugarbaker with complaints of bilateral shoulder pain. Dr. Sugarbaker prescribed Lidoderm patches for both shoulders and upper arms, and Darvocet for general pain.

On May 30, 2005, Claimant was lifting a patient from a bath when she felt a "pop" in her left shoulder. Claimant experienced immediate pain and some numbness. She took Tylenol and finished her shift. While at home after that workday, Claimant's pain and numbness continued; so she continued to take Tylenol through the night.

On June 1, 2005, Claimant called the Employer to report that her shoulder continued to hurt from the incident of May 30, 2005. Claimant reported to supervisory personnel what occurred on May 30, 2005, and the fact that her shoulder was in a considerable amount of pain which would prevent her from working on June 1, 2005. She was not offered any medical treatment by Employer at that time. On June 1, 2005, Claimant made an appointment with Benny Thomas, D.O. for that day. She was seen by Dr. Thomas with complaints of left arm pain shooting down into the forearm and down her back. Dr. Thomas suggested an x-ray of the left shoulder and scheduled an MRI for June 3,

2005.

On June 3, 2005, Claimant was seen by Dr. Sugarbaker for a follow-up visit for her bilateral shoulder pain and to refill her pain medication. Claimant had a follow-up appointment with Dr. Sugarbaker on June 9, 2005, to discuss the MRI results. The MRI of June 7, 2005, indicated a left shoulder tear of the distal rotator cuff tendon anteriorly. At that time, Dr. Sugarbaker requested that Claimant consult with an orthopedic surgeon, Dr. Weissfeld.

Claimant testified that she notified the Employer about her injury on June 10, 2005, and June 16, 2005, and filed her written report of injury on June 24, 2005, and the Employer did not offer any treatment.

On June 28, 2005, Claimant had a follow-up appointment with Dr. Sugarbaker. At that time she complained of her arm pain being worse. The pain in the left shoulder was increasing, and the pain in her right shoulder was stable. An MRI on July 20, 2005, indicated a right shoulder rotator cuff tear through the rotator cuff interval region with both supraspinatus and subscapularis tendon involvement.

On August 8, 2005, Claimant had a consultation with Dr. Weissfeld. Dr. Weissfeld's medical records, admitted into evidence, indicate that during that appointment the MRI results and treatment options and recommendations were discussed. Dr. Weissfeld's recommendation for the Claimant was to try cortico steroid injections on the right shoulder to see if Claimant could achieve pain relief and surgical intervention for the left shoulder. Dr. Weissfeld's records indicate his recommendations and the fact that those recommendations were forwarded to Dr. Stephen Sugarbaker and the Employer.

Claimant continued to have follow-up appointments with Dr. Sugarbaker monthly from September 26, 2005 to February 27, 2006, for checkups and pain medication refills. Claimant has not received any medical treatment from the Employer or Insurer.

Claimant remained in off-work status, per Dr. Sugarbaker and Dr. Weissfeld's recommendations, from June 1, 2005, to August 1, 2006. Claimant attempted to obtain a light- duty schedule with the Employer; but was told that there was no light-duty work available.

Dr. Steven Weissfeld testified on behalf of Claimant by deposition. Dr. Weissfeld testified that he is a boardcertified orthopedic surgeon. He testified that he first examined the Claimant on August 8, 2005. Dr. Weissfeld reported that the Claimant indicated she had two separate injuries, one involving the right shoulder and one involving the left shoulder. Claimant's history was that the left shoulde