Barry Webb v. Ferguson Machine Co., c/o Industrial Motion Control

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: July 27, 1999
5. State location where accident occurred or occupational disease was contracted: St. Louis
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:

Employee injured his back while operating a machine. 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: Low back 14. Nature and extent of any permanent disability: 35 % PPD of the body as a whole referable to the low back; permanent total disability due to combination of primary and preexisting injuries. 15. Compensation paid to-date for temporary disability: $\ 31,282.58 16. Value necessary medical aid paid to date by employer/insurer? $\ 77,985.32

Employee: Barry Webb Injury No.: 99-092868 17. Value necessary medical aid not furnished by employer/insurer? $\ 10,228.28 18. Employee's average weekly wages: $\ 864.40 19. Weekly compensation rate: $\$ 576.26 / \ 303.01 20. Method wages computation: Stipulation

1. Amount of compensation payable:

The parties stipulated that on or about July 27, 1999, Claimant sustained an accidental injury arising out of and in the course and scope of employment; Claimant was an employee of Employer; venue is proper in the City

of St. Louis; Employer received proper notice of the injury; and the claim was timely filed. The parties further stipulated Claimant was earning an average weekly wage of $\ 864.40 resulting in rates of compensation of $\ 576.26 for total disability benefits and $\ 303.01 for permanent partial disability benefits. Employer paid TTD benefits of $\ 31,282.58 representing a period of $542 / 7 th weeks. Employer also paid medical benefits of \ 77,985.32. The parties further stipulated that as of July 19, 2002, Claimant had no TTD or unemployment benefits.

The issues for resolution by hearing are medical causation; liability of Employer for past medical benefits of $\ 10,288.28; liability of Employer for future medical care; nature and extent of permanent partial disability; whether Claimant is permanently and totally disabled; and liability of the Second Injury Fund.

Claimant is a 55 year old man who graduated from high school in 1969, and attended one semester of college. Claimant obtained some post high school training in the military. After studying machine shop technology at Four Rivers Vocational School, Claimant began working as a machinist in 1981.

Prior to the primary injury, Claimant had Osgood Schlatters disease in his knees. In the early 1970's while Claimant was in military boot camp, his Osgood Schlatters became symptomatic and he obtained some treatment. As a result of his disease, his knees currently bother him. He is unable to kneel, and his knees ache all the time. Claimant also reported difficulty with climbing stairs or ladders, running, and jumping. This preexisting condition slowed him down leading up to the primary injury.

Claimant injured his left shoulder in 1985 in a motorcycle accident. He suffered a complete acromioclavicular separation, for which he underwent acromioclavicular surgery with instrumentation and was off work for ten weeks. Once recovered, Claimant did not miss work due to his shoulder, but he did experience achiness especially with weather changes. His shoulder was weaker, his range of motion was limited, and he had difficulty with overhead activities. This injury slowed him down leading up to the primary injury.

On July 27, 1999, Claimant was operating a cam grinding machine, and when he tried to remove the cam, he experienced low back pain. He did not initially report the injury because he thought it would get better. He finished his shift, and two days later he was brushing his teeth when his symptoms intensified to the point where he knew he needed treatment. Claimant was sent to Healthline by Employer where he received muscle relaxants and was released to work. Physical therapy was scheduled and he was referred to Dr. Samson.

Claimant asked for a second opinion and was referred to Dr. Robson, a board certified orthopedic surgeon, who performed surgery on November 5, 1999. Claimant underwent a laminectomy and discectomy at L5-S1, which was followed by physical therapy. Claimant remained off work until mid January. After Claimant was released to work, he had a 50 pound maximum lifting restriction, and a 35 pound repetitive lifting restriction. Claimant testified his back was never quite right after that surgery, and he felt he was declining steadily. He experienced back and leg pain, and numbness in his leg. He was sent back to Dr. Robson who prescribed more medications, injections, and physical therapy.

In mid May, Claimant bent over and experienced excruciating pain. Employer referred Claimant back to Dr. Robson who performed a second surgery on August 21, 2000. Claimant had a lumbar laminectomy, hemilaminectomy at L5-S1, with removal of recurrent disc herniation, and posterior fusion at L5-S1, with pedicle screw fixation and fusion, and left iliac crest bone graft. After being off work for eight months after his surgery, Claimant returned to work with restrictions in March 2001. After he went back to work, Claimant continued to have back and leg problems with numbness and tingling. Claimant's lifting restrictions were made permanent. On November 15, 2001, Dr. Robson re-examined Claimant at his request. Claimant was still complaining of low back pain and right calf tenderness. Dr. Robson recommended an EMG and nerve conduction study both of which were normal. Dr. Robson recommended a repeat MRI which was performed on January 8, 2002, and revealed some mild stenosis at the L4-S level above his fusion. Dr. Robson did not believe any further treatment was warranted, and his assessment of 25 % PPD of the body as a whole remained unchanged. Claimant was placed at MMI in June 2001, and Dr. Robson assigned a 25\% PPD body as a whole rating to Claimant's injury. Claimant continued to work until March 2002.

In March 2002, Employer's business was in the process of closing, and was winding down. Claimant went back to see Dr. Robson on several occasions and continued to obtain medications. Because the company was winding down, Claimant's job duties got lighter and easier. While working he was able to sit and lie down in the back during that year. During that year when Claimant continued to work, he collapsed after he got off work. Claimant testified he would limp out to the car after work, drive home, then collapse. Claimant testified he was taking Vioxx and Hydrocodone and couldn't concentrate.

Claimant stopped working in March 2002. He was contacted by another employer, and he cleaned shop for one day. After the second day, Claimant was unable to continue to work.

In June or early July 2002, Claimant worked a little bit maintaining vacuum cleaners for Merry Maids. He performed that job for five weeks for a couple of hours a night. He had flexibility concerning when he worked