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John Richardson v. General Motors

Decision date: November 6, 20078 pages

Summary

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving cumulative trauma to the employee's shoulders from assembly work. Although the injury was deemed compensable and occurred during employment, the claim was previously settled and benefits were awarded to neither the employee nor the Second Injury Fund.

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This workers' comp decision may point to a separate injury claim.

  • A driver, contractor, property owner, or equipment company may share fault.
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Caption

FINAL AWARD DENYING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 02-034780

Employee: John Richardson

Employer: General Motors (Settled)

Insurer: Self-Insured (Settled)

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

Date of Accident: March 18, 2002

Place and County of Accident: St. Charles 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 May 7, 2007, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Kevin Dinwiddie, issued May 7, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 6^{\text {th }} \qquad$ day of November 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

AWARD

Dependents:n/aBefore the DIVISION OF WORKERS' COMPENSATION Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri
Employer:General Motors (previously settled)
Additional Party:State Treasurer, as custodian of the Second Injury Fund
Insurer:self-insured
Hearing Date:2/1/07Checked by: KD/lsn

FINDINGS OF FACT AND RULINGS OF LAW

  1. Are any benefits awarded herein? no
  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: 3/18/02
  5. State location where accident occurred or occupational disease was contracted: St. Charles County, Missouri
  6. Was above employee in employ of above employer at time of alleged accident or occupational disease? yes
  7. Did employer receive proper notice? n/a
  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 suffered cumulative trauma to his upper extremities while performing assembly work 12. Did accident or occupational disease cause death? n/a Date of death? $\mathrm{n} / \mathrm{a}$ 13. Part(s) of body injured by accident or occupational disease: right and left shoulders 14. Nature and extent of any permanent disability: 7 ands $1 / 2$ percent of the left and right upper extremity at the level of the shoulder 15. Compensation paid to-date for temporary disability: n/a 16. Value necessary medical aid paid to date by employer/insurer? n/a 17. Value necessary medical aid not furnished by employer/insurer? n/a 18. Employee's average weekly wages: maximum rate 19. Weekly compensation rate: $\$ 628.90 / \ 329.42 20. Method wages computation: by agreement of the parties

COMPENSATION PAYABLE

  1. Amount of compensation payable: Claim as against the employer previously settled.
  1. Second Injury Fund liability: The claim as against the Second Injury Fund is denied. See award.

TOTAL: N/A

  1. Future requirements awarded: $\mathrm{n} / \mathrm{a}$

FINDINGS OF FACT and RULINGS OF LAW:

Employee: John Richardson

Injury No: 02-034780

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: $\quad \mathrm{n} / \mathrm{a}$

Employer: General Motors (previously settled)

Additional Party State Treasurer, as custodian of Second Injury Fund

Insurer: self -insured

Checked by: KD/lsn

The claimant, John Richardson, and the State Treasurer, as custodian of the Second Injury Fund, appeared at hearing by and through their counsel, and agreed to a joint hearing in Injury Numbers 00-178923 and 02-034780. The claim as against the employer in each of these matters, General Motors Corporation, was previously settled.

In Injury Number 02-034780, the parties agreed that the issues to be resolved at hearing are as follows:

Injury by occupational disease

Medical causation;

Temporary total disability;

Permanent disability; and

The claimant, Mr. Richardson, appeared at hearing and testified on his own behalf. The claimant further submitted the deposition testimony of Dr. Raymond F. Cohen and of Mr. James England. The Second Injury Fund submitted the deposition testimony of Bernard C. Randolph, Jr., M.D.

EXHIBITS

The following exhibits are in evidence:

Claimant's Exhibits

A. Certified medical records of Dr. Barry Singer

B. Certified medical records of Dr. Mary Kiehl

C. Certified medical records of Barnes-Jewish Hospital (radiology)

D. Records of Missouri Bone \& Joint (Manish Suthar, M.D.)

E. Barnes-Jewish Hospital Pain Management Center records

F. Records of Dr. William W. Sprich

G. Certified medical records of Neurology Consultants (Stephen K. Burger, M.D.)

H. Certified medical records of Dr. Abdul W. Kazi

I. Certified medical records of Memorial Hospital

J. Certified medical records of Washington University School of Medicine (Drs. Galatz; Riew; Gelberman; Clohisy; Shively)

K. Records of Michael D.Weiss, DPM

L. Records of Rehabilitation Institute of St. Louis

M. Certified medical records of Susan MacKinnon, M.D.

N. Certified medical records of Orthopedic Associates, L.L.C. (Dr. Richard E. Hulsey)

O. General Motors Plant Medical Records

P. Deposition of Dr. Raymond F. Cohen taken on 7/11/05

Q Deposition of James England taken on 7/11/05

Second Injury Fund Exhibits

I. Deposition testimony of Bernard C. Randolph, Jr., M.D., taken on $2 / 16 / 06$.

FINDINGS OF FACT AND RULINGS OF LAW

Mr. John Richardson, 44 years old as of the date of hearing in this matter, comes from a family of General Motors workers. The claimant graduated from high school in O'Fallon, Illinois and began working off shore "mud logging", described by Mr. Richardson as a safety job that involved monitoring for sediment formation and for natural gas releases off shore while drilling for oil. Thereafter, the claimant worked as a driver for United Transports, a company that shipped General Motors vehicles from the assembly plant. After a year or so of driving, Mr. Richardson accepted a job offer from General Motors. Claimant began with G.M. in Oklahoma City on or about 10/24/83.

Mr. Richardson became an "Absentee Relief Operator" after his first six months with G.M. Claimant explains that an "ARO" was expected to perform a variety of different jobs after short term training. In 1997 Mr. Richardson was transferred to the G.M. plant in Wentzville, Missouri.

On 6/26/00 claimant suffered the work injury that was the subject of the companion claim in this matter, Injury Number 02-178923. On 6/26/00 Mr. Richardson was working in "the pit". Mr. Richardson agrees that the job he was performing was highly desired, and that he was able to bid for the job with his seniority. The pit is a recessed underground repair area, allowing vehicles to roll by overhead. Workers in the pit performed all manner of special repairs necessary before the vehicle could be shipped out.

Claimant was fixing a brake line, and as he attempted to climb out and exit the pit, his head struck the steel frame of a van. Claimant sought medical care at plant medical for a laceration on the top of his forehead at the hairline. The laceration was dura-bonded shut, and claimant suffered no immediate symptoms and was allowed to complete the rest of his shift. Claimant acknowledges that he sought no medical treatment outside of the plant following his injury. The claimant acknowledged that he suffered from migraine headaches prior to his head injury, and notes that after his head injury those

headache complaints worsened in severity and duration. Mr. Richardson also complained that use of his arms causes him to suffer swelling in both sides of his neck, with pockets of fluid, and with increased numbness in his arms.

Mr. Richardson recalled that he worked only a short time in the pit, and when a new man came on that job, claimant transferred to a job on the assembly line deck, working inside the cab, under the hood, and on trim items, requiring more use of his arms than was required when in the pit. Claimant related that strenuous use of his upper extremities caused him all manner of increased complaints as to pockets of swelling, arms and hands becoming numb, and a loss of grip strength that caused him to drop tools and parts. Claimant is alleging to have suffered an occupational injury relating to a cumulative trauma affecting him in his neck and upper extremities at work through 3/18/02. Claimant relates that his complaints became so severe that he ultimately was obliged to leave work, and has not been back to work at G.M or for any other employer since $4 / 15 / 02$.

Medical records reveal that on 3/25/02 the claimant met with his family physician, Dr. Mary Kiehl, "...in follow up for acute exacerbation of musculoskeletal complaints primarily involving shoulder pain, low back pain, wrist, and low back discomfort after a change in his work routine" (Claimant's Exhibit B). On 4/16/02 Mr. Richardson met with Dr. Robert A. Shively. Dr. Shively noted that the claimant had complaints as to eleven different body parts, and declined to evaluate all of the complaints, opting instead to suggest that the claimant seek a specialist in physical medicine. Dr. Shively did examine the right shoulder; had a diagnostic evaluation performed by Theodore Vandervelde, M.D. (See Claimant's Exhibit J); and concluded that claimant might have some relief by revision surgery following up on an earlier surgery involving the excision of the distal clavicle.

Claimant was then referred to Dr. Manish Suthar, Missouri Bone \& Joint Physical Medicine Center (Claimant's Exhibit D). On 4/17/02 Dr. Suthar elicited a history of chronic diffuse body pain; performed a physical examination; formed the impression that the claimant suffered from arthritis or possible fibromyalgia; and suggested a work up for a possible rheumatologic disorder.

On 5/10/02 Mr. Richardson met with Dr. Richard H. Gelberman, complaining of bilateral wrist and hand pain. Dr. Gelberman performed an examination of the upper extremities; concluded that x-rays were negative for arthritis; concluded that the claimant's symptoms were not classic for carpal tunnel on the right side; did not advise a repeat surgery; and recommended an injection, a splint, and nonsteroidals for tennis elbows.

On 5/17/02 Dr. Leesa M. Galatz performed an orthopedic evaluation of the shoulders, noting a chief complaint of bilateral shoulder pain right greater than left. X-ray of the shoulders was found to be negative, and upon physical examination Dr. Galatz noted that the claimant had scarring related to a resection to the left sternoclavicular joint, and scars over the right shoulder from a prior subacromial decompression, debridement of the rotator cuff, and distal clavicle resection. On examination, Dr. Galatz noted some crepitus over the right acromioclavicular joint, negative biceps signs, and an absence of scapular winging or muscular atrophy. Her diagnosis was shoulder pain of unknown etiology, and her recommendation was "Given the constellation of his symptoms, I think he is best managed by Pain Management. I don't think any further surgery would help him."

On 6/17/02 claimant was seen by Dr. John Clohisy for complaints of bilateral knee pain. Dr. Clohisy noted the history of prior arthroscopic debridement on the right, performed an examination of the knees, and reviewed x-rays showing no bony deformity; no major degenerative disease; and no fractu

Full decision text continues in the plain-text archive copy.

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