Charles Roy Bennett v. Gardner Denver, Inc.

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 00-076098

Employee: Charles Roy Bennett

Employer: Gardner Denver, Inc.

Insurer: Self-Insured

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

Date of Accident: June 27, 2000

Place and County of Accident: Sedalia, Pettis 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 September 19, 2006. The award and decision of Administrative Law Judge Carl Mueller, issued September 19, 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 $15^{\text {th }}$ day of June 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

NOT SITTING

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Missouri;

1. Mr. Bennett sustained an accident, arising out of and in the course of employment on June 27, 2000;
2. Mr. Bennett complied with the notice requirement of $\S 287.420$;
3. Mr. Bennett filed his claim within the time allowed by law;
4. Gardner Denver provided Claimant with medical care costing $\ 57,255.89; and,
5. Gardner Denver paid Mr. Bennett twenty-two and four-sevenths (22 4/7s) weeks of temporary total disability (TTD) compensation from June 28, 2000 to December 3, 2000, at a rate of $\ 578.48 per week for compensation totaling $\ 12,993.53.

The parties requested the Division to determine:

1. Whether Mr. Bennett suffered any disability and, if so, the nature and extent of his disability? And,
2. Whether Gardner Denver must provide Mr. Bennett with additional medical care?

Mr. Bennett testified in his own behalf and presented multiple exhibits for this claim (as well as the two other claims tried) consisting of Exhibits A through CCCC. The exhibits all were admitted into evidence. Claimant also called Mr. Carey Walk to testify. The Employer offered Exhibits 1 through 17 (after having withdrawn Exhibits 4 and 7), all of which also were admitted without objection. In addition, the Employer called Randy Joseph Lee to testify regarding Exhibit 16, a video depicting the activity Mr. Bennett alleges injured him with reference to his alleged injury on January 28, 2003 addressed by the Award on Injury Number 03-013474. Finally, the Second Injury Fund offered a rating report from Dr. Koprivica dated April 18, 2002 as its sole exhibit. Based on a review of the exhibits and the testimony of the witnesses I make the following findings.

Charles Roy Bennett (Employee) is a 48-year-old male who lives with his wife in Sedalia Missouri. He received a High School degree from Smith Cotton High School in 1977. He attended Linn Technical College and earned an associate's degree in machine tool technology. He took electronics courses at State Fair College as well as with Gardner Denver. In addition, Mr. Bennett completed a 12,000-hour certification course at Gardner Denver over a five-year period, which familiarized him with the machine tools, which Gardner Denver used in its factory. With regard to his work history, he was employed for two years with Westinghouse as a welder, using an arc as well as a mig welder, which he described as heavy exertion level work. He was next employed with Ohio Rubber for one year as a die maker and repair, making rubber industrial hose for industry and for heated air transfer and for ductwork for the auto industry. He described this work as skilled labor, medium exertion. He was next employed at Goshen Mold for a year and a half as a mold maker making molds for the rubber industry, which he described as skilled work at medium exertion level. He next worked for Interstate Studios in 1982 as a maintenance technician on color printers which processed film for schools, which included maintenance on all the machines. He described this work as skilled at the light exertion level.

His final employer was Gardner Denver where he started on February 1, 1984 as a Grade 3 Machine Operator, in which he operated and set up multiple machines, which produced industrial air compressors for heavy industry. His duties were to keep the machine clean and included making parts using measuring instruments, calipers, and depth gauges. This was classified as skilled work at the heavy exertion level. He worked 40 to 60 hours per week for the last 15 years of his employment, which ended March 25, 2003. He eventually progressed into maintenance, with the classification of Maintenance General Grade 6. After he completed 12,000 hours of

training, he was promoted to Computer Numerical Control (CNC) Technician in 1987 and worked in that position until 2003. His duties in that position were to trouble shoot electronic components of machine tools and make sure the machine tools came within certain specifications. He used electronic monitoring and leveling devices, laser alignment, and laptops to control the computers. He filled out a written report every day after finishing with each machine. He classified this work as highly skilled, heavy exertion level. He classified this work as highly skilled, heavy exertion level. Mr. Bennett clearly has developed great expertise and experience in repair and knowledge concerning machinery. He also testified to various computer skills he has developed.

Although Gardner Denver stipulated that Mr. Bennett, on or about June 27, 2000, sustained a compensable accident, he nonetheless testified in some detail about the accident. On June 27, 2000, Mr. Bennett fell inside machine number two hundred fifteen (215) which is a horizontal boring machine that "buffs" parts. As he was attempting to repair the 2 -alarm, he walked into the machine, stepped on the floor, lost his footing and fell backwards, hitting the metal decking and the indexing table and shuttle. He felt immediate pain in the low back, neck and shoulder. A co-worker, Lloyd Arvin, was a witness who attempted to catch the Claimant as he was falling. Mr. Bennett completed his shift that day, but he continued to experience pain, so Gardner Denver sent him to Dr. Stanley Wilson and Dr. Allison Fisher. The latter referred him to Randal R. Trecha, M.D. on July 14, 2001. See, Claimant's Exhibit U at 235.

Dr. Trecha initially provided Mr. Bennett with conservative treatment in the form of nerve root injections and physical therapy at Health South from October 16, 2000 to January 4, 2001. Ultimately, Dr. Trecha performed a total decompression laminectomy of L5, foraminotomy at L5-S1 and neurolysis of the bilateral L5-S1 nerve roots and a fusion with Pedicle screw f