Elaine Casteel v. General Council of the Assemblies of God

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-126063

Employee: Elaine Casteel

Employer: General Council of the Assemblies of God

Insurer: Self-Insured

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

Date of Accident: December 3, 2003

Place and County of Accident: Greene 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 31, 2007. The award and decision of Administrative Law Judge Margaret Ellis Holden, issued May 31, 2007, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $\qquad 28 ^{\text {th }} \qquad$ day of November 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

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: $12 / 3 / 03$
5. State location where accident occurred or occupational disease was contracted: GREENE 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 TRIPPED AND FELL.
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: NECK AND SHOULDERS
14. Nature and extent of any permanent disability: 22\% 400-WEEK LEVEL, 15\% 232-WEEK LEVEL (RIGHT SHOULDER), AND 10\% 232-WEEK LEVEL (LEFT SHOULDER)
15. Compensation paid to-date for temporary disability: $\ 0
16. Value necessary medical aid paid to date by employer/insurer? \$2,180.04

Employee: Elaine Casteel Injury No. 03-126063

1. Value necessary medical aid not furnished by employer/insurer? 0
2. Employee's average weekly wages: $\ 398.70
3. Weekly compensation rate: $\ 265.80
4. Method wages computation: BY AGREEMENT

1. Amount of compensation payable:

Unpaid medical expenses: 0

0 weeks of temporary total disability (or temporary partial disability)

146 weeks of permanent partial disability from Employer

0 weeks of disfigurement from Employer

Permanent total disability benefits from Employer beginning N/A, for Claimant's lifetime

1. Second Injury Fund liability: Yes X No Open

29.625 weeks of permanent partial disability from Second Injury Fund

Uninsured medical/death benefits: N/A

Permanent total disability benefits from Second Injury Fund:

weekly differential (0) payable by SIF for 0weeks, beginning N/A

and, 0 thereafter, for Claimant's lifetime

TOTAL: SEE AWARD

1. Future requirements awarded: N/A

Said payments to begin immediately and to 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:

RANDY ALBERHASKY

Employee: Elaine Casteel

Injury No. 03-126063

Dependents: N/A

Employer: General Council of the Assemblies of God

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

Insurer: Self-insured

Hearing Date: $\quad 2 / 26 / 07$

Checked by: MEH

The parties appeared before the undersigned administrative law judge on February 26, 2007, for a final hearing. The claimant appeared in person represented by Randy Alberhasky. The employer and insurer appeared represented by Jerry Harmison. The Second Injury Fund appeared represented by Cara Harris. Memorandums of law were filed by March 22, 2007.

The parties stipulated to the following facts: On or about December 3, 2003, General Council of the Assemblies of God was an employer operating subject to the Missouri Workers' Compensation Law. The employer's liability was fully self-insured. On the alleged injury date of December 3, 2003, Elaine Casteel was an employee of the employer. The claimant was working subject to the Missouri Workers' Compensation Law. On or about December 3, 2003, theclaimant

1. CV
2. Report, dated 8.24.2005
3. Addendum, dated 1.4.2006

The following exhibits were offered and admitted into evidence by the employer, subject to an objection as to foundation on exhibits 1, 2 and 3:

1. Dr. Woodward's report
2. Deposition of Woodward
3. Video
4. Deposition of Employee
5. Employee's work records

FINDINGS OF FACT:

Final hearings were held in Injury No. 03-126063 and Injury No. 04-068866 at the same time for convenience of the parties. This Findings of Fact will include facts for both claims although separate awards are being entered on each claim.

Employee Elaine Casteel is 56 years of age. She had been employed by General Assemblies of God at Gospel Publishing as a bindery worker from 1986 through her termination on July 28, 2004. She retired after being informed by her supervisor that she was going to be terminated because she had been absent too often. Her request to transfer to a position that she felt she could perform was denied at the time of her termination. She is married to Eddie Casteel and has a high school diploma with some college credits. Her work involved use of her hands and arms, including lifting of books and working on multiple machines putting together books and pamphlets. She worked on several machines involved in binding operations, including a collator. Her duties would alternate throughout the year. Several times a year she would perform an activity called "breaking signatures." These were booklets of paper which had to be torn in half along perforations. She tore these much as you might try to tear a phone book in half. This activity would take all day, and would go on for a week to a week and a half at a time. She would also frequently stack books on "trucks" or dollies that were used to cart the books around.

In June of 1997, the employee received authorized care through Dr. Berner for her left shoulder after experiencing the gradual onset of pain at work while using a pallet jack. She was prescribed physical therapy. She reported to Dr. Berner that the pain was aggravated when she lifted and stacked 20 pound boxes at work. She was restricted to 7-10 pound lifting on June 20, 1997, and referred to Dr .Sanchez for an orthopedic evaluation on July 11, 1997. Dr. Sanchez diagnosed impingement syndrome, ordered an MRI and prescribed medicine. An MRI done on July 17, 1997 showed minimal increased intensity within the supraspinatus tendon with

minimal tendonitis, and physical therapy was continued. She sought chiropractic treatment on her own at Perkins Chiropractic in the summer of 1997 for neck and shoulder pain.

On September 9, 1997, Dr. Sanchez released her from care following improvement. He said, "It appears that the impingement syndrome has satisfactorily resolved. It is now appropriate to release her from my care. She does not have a final impairment that requires a rating, however, I suspect that her original duties may provoke a return of her symptoms and it may be prudent to continue with the (light duty) job description she currently holds or something of a similar nature." No claim for compensation was filed.

While working for the Assemblies of God on September 14, 2000 she suffered a fall on a rubber mat at work where she injured her neck, thoracic and lumbar regions. X-rays were performed, and Dr. Mackie released her back to work with a prescription but without restrictions. Physical therapy was ordered on September 25, 2000, and she was referred to Dr. Weber for a consultation regarding myofascial pain, located in the trapezius, rhomboid, levator and scapula regions. She was continued on muscle relaxers and pain medication. CT scans were eventually done on her cervical and lumbar back on January 29, 2001. She then followed up with Dr. Lennard on February 5, 2001, with complaints in her neck, back and left shoulder. She was on regular work duties without restriction. No claim for compensation was filed.

On July 8, 2001, the employee was involved in a vehicular accident that resulted in a fracture of her left wrist and facial lacerations. Surgery was performed and pins were placed in the arm. During recovery from the accident, she developed deep venous thrombosis in her right lower extremity, which required hospitalization and medication.

On August 30, 2002, she received authorized treatment through the Assemblies of God for a neck, shoulder and mid-back injury with Dr. Lennard. It was reported that she "injured her neck and upper back while 'breaking objects' on 8-26-02 whi