Beverly Fredericks v. United Parcel Service

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: October 6, 2004
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 employed as a revenue recovery auditor and was injured when a package fell from overhead striking her on the head and left shoulder, and knocking her to the ground.
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: Body as a whole-Low back
14. Nature and extent of any permanent disability: 2 % of the body as a whole referable to the low back
15. Compensation paid to-date for temporary disability: $\ 0.00
16. Value necessary medical aid paid to date by employer/insurer? $\ 10,069.92

Employee: Beverly Fredericks Injury No.: 04-103019 17. Value necessary medical aid not furnished by employer/insurer? (allegedly) $\ 3,132.34 18. Employee's average weekly wages: $\ 181.45 19. Weekly compensation rate: $\ 120.97 for TTD/ $\ 120.97 for PPD 20. Method wages computation: By agreement (stipulation) of the parties

1. Amount of compensation payable:

On September 12, 2006, the employee, Beverly Fredericks, appeared in person and by her attorney, Mr. Joseph K. Robbins, for a hearing for a final award on her claim against the employer, United Parcel Service, and its insurer, Liberty Insurance Corporation. The employer, United Parcel Service, and its insurer, Liberty Insurance Corporation were represented at the hearing by their attorney, Ms. Maureen Cary. The Second Injury Fund is a party to this case, but was not represented at the hearing because the parties agreed to leave the Second Injury Fund open at this time. The Department of Veterans Affairs was represented at the hearing by Staff Attorney Paul Petraborg regarding his client's lien for medical treatment bills. At the time of the hearing, the parties agreed on certain stipulated facts and identified the issues in dispute. These stipulations and the disputed issues, together with the findings of facts and rulings of law, are set forth below as follows:

1. On or about October 6, 2004, Beverly Fredericks (Claimant) sustained an accidental injury arising out of and in the course of employment that resulted in injury to Claimant.
2. Claimant was an employee of United Parcel Service (Employer).
3. Venue is proper in the City of St Louis.

Based on a comprehensive review of the substantial and competent evidence, including Claimant's testimony, the expert medical opinions and depositions, the medical records and bills, and the testimony of the other witness, as well as my personal observations of Claimant and the other witness at hearing, I find:

1) Claimant has been an employee of United Parcel Service since January 2002. She is employed in the position of revenue recovery auditor. She checks packages for weight and in doing so, often lifts oversized packages and moves them back and forth from the scale to the conveyer. Often she picks up packages that are mismarked as to weight by the customer. Leading up to October 6, 2004, she denied any problems with, or injuries on, the job.

2) Claimant testified she did have problems with her low back before October 6, 2004. She characterized the problems as musculoskeletal pain. She said she had this pain on and off for years. Claimant testified initially she had no prior missed work because of it. She also denied any prior problems with her head, neck or shoulder before October 6, 2004. She testified that she had no treatment for the low back for 2 years prior to her injury on October 6, 2004.

3) Medical treatment records from The Department of Veterans Affairs (Exhibit E) document treatment Claimant had to multiple body parts for various conditions prior to October 6, 2004. There are numerous hand-written notes going back to 1988 with descriptions of chronic back pain and sciatica for which she is treated and given Xrays. In a typed-written entry dated October 31, 1997 there is a history indicating that in May 1997 Claimant had documented low back pain radiating into the left leg for the last three weeks. She was prescribed medication. She also had complaints of low back pain in September 1997 and shoulder bursitis. Claimant provided a history, at that time, of back pain beginning in 1983 to 1984. She thought it was related to chronic lifting, although she could not recall any specific automobile accident, fall or specific incident related to the injury. She went to the aidstation repeatedly because of the back pain. She saw a chiropractor in the St. Louis area in 1987 and 1988, who she saw several months and had some relief. Most interestingly, on April 28, 1998, there is a social work note indicating Claimant has had to quit jobs because of back problems.

4) An MRI of the lumbar spine was taken at the VA Hospital on January 3, 2002. (Exhibit E) The reason for the exam was chronic persisting low back pain for over three months with numbness to both legs. The impression was moderate degenerative disc disease at L4-5 with mild disc bulge and severe degenerativ