Ronald Fisher v. Midwest Floor Company

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: December 2, 2004
5. State location where accident occurred or occupational disease was contracted: St. Louis County, 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 injured right knee while working as carpet layer.
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 leg
14. Nature and extent of any permanent disability: 50% of right knee
15. Compensation paid to-date for temporary disability: -0-
16. Value necessary medical aid paid to date by employer/insurer? -0-

Employee: Ronald Fisher Injury No.: 04-124062 17. Value necessary medical aid not furnished by employer/insurer? 46,144.53 18. Employee's average weekly wages: 955.70 19. Weekly compensation rate: $637.14/$354.05 20. Method wages computation: Agreed

1. Amount of compensation payable:

Unpaid past medical expenses: $46,144.53

worked the last 38 years for Midwest Floor as a floor layer in the carpenter's union. His job entailed lifting bags of concrete and grout in 25 and 50 pound bags, mixing cement, laying sub floors and tiles, carrying tiles and tools. He spent 75 % of his day on his knees and was required to repetitively squat and stoop and stand up.

1. In 1988, Claimant had a back injury while moving a roll of sheet vinyl. He was off work for several weeks and returned to work.
2. In 1990, he fell on the right knee. Claimant underwent a series of aspirations and treatments for his right knee over the years and in 1997 underwent a right knee meniscectomy.
3. Dr. Wagner treated Claimant following his 1990 knee injury to the right knee when he slipped and fell on a piece of marble. He suffered from patella tendon bursitis and was treated with aspirations, antiinflammatories, and an injection of Depo Medrol and was off work for about a month.
4. In 1996 Claimant was off regular work, working in the office due to complications involving his knees. He returned after that to floor work and prior to the 1997 meniscectomy.
5. During that procedure, Claimant had a lateral release, the medial femoral condyle was shaved, the lateral femoral condyle was shaved, the patella and trochlea were smoothed and the surgeon excised a Baker's cyst.
6. Claimant was off work a couple months and returned to work performing his regular duties. His knee continued to give him significant difficulties at work with frequent swelling and required numerous aspirations.
7. In 1998, he had an injury where he twisted his right knee.
8. Claimant started having difficulty with his left wrist in the early 1990s and was diagnosed with rheumatoid arthritis. This affected his ability to work on his hands and knees and he underwent injections into the left wrist. Claimant suffered from left elbow bursitis in 1995.
9. Claimant wore a back brace for his back condition and a wrist brace for his left wrist condition. Claimant also wore knee pads at work.
10. On December 2, 2004, Claimant slipped while working on a job. That is the injury under consideration here. He told the Employer he injured his knee and needed a helper and needed to file a workers' compensation claim. The Employer said the only help we can give you is workers' compensation. The Employer asked Claimant to stay a little longer because it was a busy time for them. Claimant iced up the knee and got an apprentice and found it extremely difficult to work. His apprentice was taken away on December 13, 2004 and Claimant's right knee locked up while working, he hopped to the truck, called his supervisor and told him that Claimant was finished, unable to work anymore. Claimant was sent to Dr. Rende who looked at Dr. Berni's x-rays of Claimant's knees and said it was not work related. The claim was filed January 14, 2005 and Dr. Berni did a full knee replacement in February of 2005. He last saw Dr. Berni on January 8, 2007 for a maintenance cortisone injection.
11. In December of 2005, Claimant filed a Claim for Compensation regarding his left and right knees. Dr. Berni surgically replaced the right knee on February 28, 2005. He diagnosed osteoarthritis on the basis of subchondral cysts and spurs.
12. Dr. Volarich concurred in the osteoarthritis diagnosis determining that rheumatoid arthritis affects the upper extremities more than the lower and also would be symmetric and since Claimant only had dominant right side knee problems that he suffered from degenerative arthritis rather than rheumatoid arthritis.
13. Dr. Volarich also testified that floor layers who work longer than 25 years all seem to have a high incidence of knee osteoarthritis. Claimant has been performing the job for 38 years.
14. Dr. Rende opined on behalf of the Employer that Claimant suffered only from rheumatoid arthritis but his testimony was not particularly credible. He previously diagnosed severe degenerative arthritis and old age as causing the knee problems, but changed his opinion to rheumatoid arthritis at the deposition.
15. Claimant fractured his pelvis in 1997 in a four-wheeler accident. He was off work $21 / 2$ months and continued to suffer pain and stiffness of the hip and back which interfered with his work over the years.
16. Joyce Parsons, an employee benefits supervisor for Employer, testified that of the 60 to 70 employees in the field doing work similar to Claimant's, none of them had claimed work related degenerative arthritic conditions in their knees from work although many had knee injuries.

work related right degenerative osteoarthritis consistent with Dr. Volarich's and Dr. Berni's opinions which resulted from work related wear and tear and to which is added and which culminated in the traumatic right knee injury on December 2, 2004.

Claimant is a Marine who worked 38 years in a tough job on his knees. His right knee took a beating and the preexisting rheumatoid arthritis helped weaken the knee so the work related degenerative arthritis and last accident would all work to collapse the right knee joint. Following that, and taking into account all his disabilities, Claimant became unemployable in the open labor market.

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