William Michael v. Ameren UE

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: May 1, 2003
5. State location where accident occurred or occupational disease was contracted: St. Louis, Mo.
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, while working for the Employer, injured his knees while pole climbing, kneeling and squatting. 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 and left knees 14. Nature and extent of any permanent disability: Permanent total disability against Second Injury Fund 15. Compensation paid to-date for temporary disability: N/A 16. Value necessary medical aid paid to date by employer/insurer? N/A

Employee: William Michael Injury No.: 03-145807 17. Value necessary medical aid not furnished by employer/insurer? N/A 18. Employee's average weekly wages: N/A 19. Weekly compensation rate: $\$ 649.32 / \ 340.12 20. Method wages computation: By agreement

1. Amount of compensation payable: (Settled)
2. Second Injury Fund liability: Yes

Is the Second Injury Fund liable for permanent total disability?

Claimant offered the following exhibits which were admitted into evidence:

Exhibit A. Deposition of Dr. Volarich.

Exhibit B. Deposition of James England.

Exhibit C. Medical Records from Orthopedic Associates.

Exhibit D. Medical Records from Dr. Ollinger.

Exhibit E. Medical Records from Missouri Baptist Medical Center.

Exhibit F. Medical Records from Metropolitan Orthopedics.

Exhibit G. Medical Records from Dr. Tariq.

Exhibit H. Medical Records from Boonslick Medical.

Exhibit I. Medical Records from Allergy Associates.

Exhibit J. Settlement Stipulation between Claimant and Employer.

The Second Injury Fund offered the following exhibit which was admitted into evidence:

Exhibit I. Report of Dr. Nogalski.

1. At the time of the hearing, the Claimant was 62 years of age, married, who had a high school education, attended college but did not receive a college degree. Claimant began working for the Employer, UE, in 1964 and as an employee he was a rod man, laborer, clerk, ground man, truck driver, apprentice, journeyman, and repair man. His job required him to climb poles, drive trucks, bend, squat, and kneel.
2. I find that because of the work and the type of work that the Claimant did for the Employer that he injured both knees and this was stipulated to by the parties. Claimant had a left knee partial lateral meniscectomy and debridement of the chondromalacia of the medial femoral condyle in March of 2000.
3. On June 25, 2003, Dr. Haupt performed a right knee lateral meniscectomy on the Claimant.
4. Claimant filed a claim against the Employer for his knee injuries and that case was settled with the Employer for 5 % permanent partial disability of each knee.
5. Claimant had a number of preexisting injuries and conditions: a) Claimant injured his knee in high school while playing football; b) In March of 2002, Claimant injured his left shoulder which was operated on by Dr. Haupt for a tear that the Claimant suffered near the humeral head; c) On August 26, 2003, Dr. Ollinger performed a right hand open carpal tunnel release and left open carpal tunnel release on September 9, 2003, and the bilateral carpal tunnel syndrome was work related; d) In the 1980s, Claimant was diagnosed with asthma; e) Claimant suffered a heart attack in 1997 and underwent different medical procedures, one of which was the placement of a stint; f) Prior to the primary injury, Claimant also had tinnitus; g) In 1990, Claimant was diagnosed with a torn rotator cuff as a result of a baseball injury but did not undergo surgery for the torn rotator cuff; and h) Claimant also testified very credibly that he has had problems with his right and left ankles over the years.
6. Dr. Volarich testified very credibly by deposition that the combination of the Claimant's disabilities create a substantially greater disability than the simple sum or total of each separate injury or illness. Dr. Volarich further testified to the ratings of all the prior injuries Claimant has sustained and to the percentage of disability regarding the primary injury.
7. Dr. Volarich testified very credibly that the Claimant is permanently and totally disabled.
8. Mr. James England, a rehabilitation counselor, testified on behalf of the Claimant that, after having reviewed the medical records and interviewing the Claimant, is of the opinion that the Claimant is permanently and totally disabled from a vocational standpoint due to the combination of his preexisting disabilities and those attributed to his primary injury.

1. Claimant is permanently and totally disabled and unable to compete in the open labor market as a result of a combination of his preexisting disabilities and primary work injury/occupational disease of May 1, 2003, and

thus the Second Injury Fund is liable for permanent and total disability benefits.

1. The permanent and total disability benefits commence as of May 1, 2003, with credit being given for permanent partial disability paid by the Employer.

Patricia "Pat" Secrest

Director

Division of Workers' Compensation