Robin Gross v. Gates Corporation d/b/a The Gates Rubber Company

ISSUED BY DIVISION OF WORKERS’ COMPENSATION

AWARD

Employer: Gates Corporation d/b/a The Gates Rubber Company

Additional Party: None

Insurer: Self-insured t/p/a Gallagher Bassett Services

Hearing Date: Commenced: February 7, 2007

Checked by: LK/kh

Completed: March 9, 2007

1. Are any benefits awarded herein? No.
2. Was the injury or occupational disease compensable under Chapter 287? No.
3. Was there an accident or incident of occupational disease under the Law? No.
4. Date of accident or onset of occupational disease? N/A.
5. State location where accident occurred or occupational disease contracted: N/A
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? No.
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: N/A.
12. Did accident or occupational disease cause death? N/A.
13. Parts of body injured by accident or occupational disease: N/A.
14. Nature and extent of any permanent disability: N/A.
15. Compensation paid to date for temporary total disability: $\ 5,290.00
16. Value necessary medical aid paid to date by employer-insurer? $\ 13,418.33
17. Value necessary medical aid not furnished by employer-insurer? N/A.
18. Employee's average weekly wage: $\ 475.01
19. Weekly compensation rate: $\ 316.67
20. Method wages computation: By agreement.
21. Amount of compensation payable: None.

Second Injury Fund liability: N/A.

Future requirements awarded: None.

Said payments to begin (see findings) and be payable and be subject to modification and review as provided by law.

The compensation awarded to the claimant 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 claimant: N/A.

On February 7, 2007, the employee, Robin Gross, appeared in person and by her attorney, Steve Taylor for a hearing for a final award. The employer was represented at the hearing by its attorney, Ken McManaman. Also present for the employer was James Moss, its' Human Resource Manager. St. Francis Medical Center filed a Direct Medical Fee Dispute, and a notice of the hearing was sent to St. Francis Medical Center and its' attorney. No one was present for the health care provider at the hearing. 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 findings of fact and rulings of law, are set forth below as follows:

1. The parties agreed to a change of venue from Mississippi County to Cape Girardeau County Missouri.
2. Gates Corporation d/b/a The Gates Rubber Company was operating under and subject to the provisions of the Missouri Workers' Compensation Act and was duly qualified as a self-insured employer through a third party administrator, Gallagher Bassett Services.
3. On or about September 15, 2003, Robin Gross was an employee of Gates Corporation d/b/a The Gates Rubber Company.
4. The employee's claim was filed within the time allowed by law.
5. The employee's average weekly wage was $\ 475.01 and the rate of compensation for temporary total, permanent total and permanent partial disability is $\ 316.67 per week.
6. The employer has paid a total of $\ 13,418.33 in medical aid.
7. In August of 2004, an advance of $\ 5,290.00 was made to the employee. The employer is entitled to a credit in that amount for any sums awarded for temporary total disability, permanent partial disability or permanent total disability. With regard to any attorney's fees, Mr. Taylor is to be awarded 25 % of the sum after the $\ 5,290.00 credit is taken.

1. Accident or Occupational Disease.
2. Notice
3. Medical causation
4. Claim for previously incurred medical bills.
5. Medical fee dispute of St. Francis Medical Center
6. Claim for mileage under Section 287.140 RSMo. (During the hearing, the parties agreed that this issue was no longer in dispute. The employer agreed to and shall pay the employee the sum of $\ 772.80 for 2,240 medical miles at 34.5 cents per mile. This agreement was in effect regardless of the rulings on the other issues.)
7. Claim for additional or future medical aid.
8. Nature and extent of disability
9. Attorney's fees and costs under Section 283.203 RSMo and/or 287.560 RSMo for the employee.

The following exhibits were offered and admitted into evidence:

Employee's Exhibits

A. Medical records

B. Withdrawn prior to being offered

Critchlow did not diagnose a kidney problem, she was positive that the pain that she was experiencing was kidney pain.

Hearing: The employee was being treated for depression but stated that she did not really have a history of depression. Prior to her injury she was on Zoloft for post traumatic stress syndrome.

There was a notation from a July 9, 2000 record, that the employee had pain in during sex. The employee testified that after the hysterectomy she did not have a problem with that. The past medical history showed depression and anxiety but the employee stated that was not the case. When she saw Dr. Bryant on August 26, 2003, he did a complete physical and she had no back complaints.

On Monday, September 15, 2003, the employee was scheduled to work her usual shift which was from 2:00 to 10:00 p.m. She requested to work over her shift because on Wednesday, September 17, she was going to miss the first 4 hours of her shift due to taking her daughter to a doctor's appointment in St. Louis. She was approved to work an additional 4 hours, until 2:00 a.m. on September 16. Prior to that shift, she had no back or leg pain like she had after. Part of her job was to load boxes of hose spools onto a pallet. She would pick up a box on her right and would pivot to the left with her body to put the box onto a pallet. Around 1:15 a.m. she picked up a box that weighed 20-25 pounds and swung around too quickly, and lost her grip on the box. It startled her and she tightened up her body, arched her back, and caught the box with her chest and arms. She had a significant sharp pain or twinge in her upper low back like someone had stuck a knife in her back. She then put the box on the pallet. For the next few minutes she leaned against the pallet due to the pain and to catch her breath. As soon as she was