Harold Stoffregen v. U Haul of Missouri

Employee: Harold W. Stoffregen

Injury No. 02-036785

Dependents: N/A

Additional Party: Second Injury Fund

Insurer: Ace American Insurance Company/TPA ESIS

Hearing Date: March 13, 2007

Checked by: GLR/kh

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? April 3, 2002
5. State location where accident occurred or occupational disease contracted: Cape Girardeau 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? 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 happened or occupational disease contracted: The employee was standing on a ladder when it broke. He fell to the ground injuring his neck, right arm, left hip and body as a whole.
12. Did accident or occupational disease cause death? No
13. Parts of body injured by accident or occupational disease: Neck, right arm, left hip and body as a whole.
14. Nature and extent of any permanent disability: Permanent total disability.
15. Compensation paid to date for temporary total disability: $\ 46,435.53
16. Value necessary medical aid paid to date by employer-insurer: $\ 194,534.01
17. Value necessary medical aid not furnished by employer-insurer: $\ 0
18. Employee's average weekly wage: $\ 494.00
19. Weekly compensation rate: $\ 329.33
20. Method wages computation: By agreement
21. Amount of compensation payable: See Award
22. Second Injury Fund liability: None
23. Future requirements awarded: Yes. See Award

Said payments shall be payable as provided in the statement of the findings of fact and rulings of law, and shall be subject to modification and review as provided by law.

The Compensation awarded to the employee shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the employee: Chris N. Weiss

On March 13, 2007, Harold W. Stoffregen, the employee, appeared in person and by his attorney, Chris N. Weiss, for a hearing for a final award. The employer-insurer was represented at the hearing by its attorney, John P. Kafoury. Assistant Attorney General Frank A. Rodman represented the Second Injury Fund. The Court took judicial notice of all of the records contained within the files of the Division of Workers' Compensation. At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with the statement of the findings of fact and rulings of law, are set forth below as follows:

1. The employer was operating under and subject to the provisions of the Missouri Workers' Compensation Act and liability was fully insured by Ace American Insurance Company.
2. On or about the date of the alleged accident or occupational disease the employee was an employee of U Haul of Missouri and was working under the Workers' Compensation Act.
3. On or about April 3, 2002 the employee has an accident or occupational disease arising out of and in the course of his employment.
4. The employer had notice of the employee's claim.
5. The employee's claim was filed within the time allowed by law.
6. The employee's average weekly wage was $\ 494.00 per week. His compensation rate for all purposes is $\ 329.33 per week.
7. The employee's injury was medically causally related to his accident or occupational disease.
8. The employer-insurer paid $\ 194,534.01 in medical aid.
9. The employer-insurer paid $\ 46,435.53 in temporary total disability benefits, covering the period from June 12, 2003, to July 26, 2005, and equaling 141 weeks in benefits.
10. The parties agree that July 26, 2005 is the date of maximum medical improvement.
11. The employee is not seeking any benefits for a second job wage loss.

1. Future Medical. Whether the employer-insurer should be responsible to pay future medical benefits?
2. Permanent Total Disability. Whether the employee's accident caused him to become permanently and totally disabled?
3. Permanent Partial Disability? Whether the employee's accident caused him to have a permanent partial disability?
4. Second Injury Fund Liability. Whether the Second Injury Fund is responsible to pay either permanent partial or permanent total disability benefits?

The following exhibits were offered and admitted into evidence: The Second Injury Fund objected to EE Exhibit K. That objection was overruled. All exhibits that were offered were admitted into evidence without further objection.

Employee's Exhibits:

A. Medical records of Michael E. Beatty, M.D.

B. Medical records from Saint Francis Medical Center/records of Dennis J. Straubinger, D.O.

C. Medical records from Southeast Missouri Hospital/records of Scott R. Gibbs, M.D.

D. Medical records from Brain \& Neurospine Clinic/records of Scott R. Gibbs, M.D.

E. Medical records from Silver Springs Surgery Center/Pain Management records of Wai E. Chiu, M.D.

F. Medical records from Neurological Consultants/records of Randall L. Stahly, D.O.

G. Medical records from Forest Park Hospital/records of Clayton Perry, M.D.

H. Treatment records from Orthopaedic Associates/ records of William K. Kapp, M.D. and Bernard C. Burns, D.O.

I. Deposition of Shawn L. Berkin, D.O., dated October 24, 2006.

J. Deposition of Susan L. Shea, M.A., dated October 26, 2006.

K. Stipulation for Compromise Settlement in case numbered 93-162840.

1. Deposition of Bernard C. Burns, D.O. dated November 27, 2006.

Second Injury Fund Exhibits:

None

Harold W. Stoffregen, the employee, is fifty-two years old, has been married for thirty-two years, has no children living at home, completed the eighth grade, obtained his GED, went to trade school and completed a couple hours of college credit.

A lot of the employee's work history involved working with sheet metal. From 1980 until 1993 the employee worked as a union sheet metal worker fabricating metal buildings, constructing ductwork, installing siding, and doing various other jobs associated with sheet metal fabrication. The employee testified that most of his work history involved the use of hand shears to cut sheet metal. He described this job as hand intensive as he was constantly cutting heavy sheet metal with left, right or straight snips.

As a result of this repetitious use of his hands, the employee developed bilateral Carpal Tunnel Syndrome/CTS and had his first round of surgeries in 1994. The employee indicated that after Dr. Kim performed the first CTS surgeries, he had little improvement and continued to have a lot of difficulty with his hands. He indicated that Dr. Kamath treated him for depression during this period because of the pain and poor result that he had from his CTS surgeries. He testified that he settled this case as a workers' compensation claim.

Dr. Michael E. Beatty performed a second round of CTS surgeries in 1995. The employee testified that this surgery solved a lot of his hand problems, but he was left with a 75 % loss of strength in his hands. The employee testified that he never returned to his prior vocation as a union sheet metal worker.

The employee next worked as a truck driver and then did some welding until 1998 when he and his wife started a business called Wayne's Muffler Shop. At first the employee did all types of auto mechanic repairs, but after approximately one year he operated just as a muffler shop.

In 2000 the employee began his work with U Haul and worked his muffler shop business part time and on the weekends. U Haul employed the employee as a truck mechanic. The majority of his duties involved engine and brake work, as well as bodywork on U Haul rental vehicles. The employee testified that he took classes and advanced to be an engine specialist. The employee's work schedule was eight to eight and one-half hours per day, Monday through Friday, with some overtime. In addition the employee was still working at his muffler shop on nights and weekends. The employee testified that prior to April 3, 2002 he had no problems doing any of the work at U Haul.

On April 3, 2002, the employee had an accident while repairing a truck for U Haul. Another employee named Ronnie Pruett was standing on a ladder fixing a light on a rental truck. The ladder was a sixteen-foot ladder that had been cut back to fourteen feet due to a broken leg. The employee testified that Ronnie Pruett was standing on one side of the ladder. The employee went up the other side of the ladder to hand Mr. Pruett a tool. As the employee was ascending the ladder, the leg broke and both employees fell. The employee testified that he jumped backwards and possibly hit a truck door on the way down. The employee testified that he landed in a twist. The testified that he thinks he landed on his feet and went to his knees. He further testified that everyone in the shop was gathered around him when he got up. He indicated that he was dazed but not knocked out. He stated that he did not know exactly what happened, but got up feeling feverish and sick to his stomach, and had pain in his neck, head and shoulders. The employee indicated that he went home and continued to be sick and feve