Zlata Uzicanin v. Bethesda Town House

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-065196

Employee: Zlata Uzicanin

Employer: Bethesda Town House

Insurer: Bethesda Health Group, Inc.

c/o Claims Management, Inc.

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Open)

Date of Accident: April 9, 2003

Place and County of Accident: St. Louis City

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 August 10, 2007, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge John K. Ottenad, issued August 10, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 4^{\text {th }}$ day of December 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? 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: April 9, 2003
5. State location where accident occurred or occupational disease was contracted: St. Louis City
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 was employed as a housekeeper for Employer, and was struck in the head with a window as she was washing them.
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: Head—Body as a Whole
14. Nature and extent of any permanent disability: 0% of the Body as a Whole
15. Compensation paid to-date for temporary disability: $\ 0.00
16. Value necessary medical aid paid to date by employer/insurer? $\ 114.00

Employee: Zlata Uzicanin Injury No.: 03-065196 17. Value necessary medical aid not furnished by employer/insurer? (allegedly) $\ 3,143.85 18. Employee's average weekly wages: $\ 314.22 19. Weekly compensation rate: $\ 209.49 for TTD/ $\ 209.49 for PPD 20. Method wages computation: By agreement (stipulation) of the parties

1. Amount of compensation payable:

Unpaid medical expenses: $\ 0.00 0 weeks of permanent partial disability from Employer $\ 0.00

1. Future requirements awarded: None

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: Frank J. Niesen.

On April 3, 2007, the employee, Zlata Uzicanin, appeared in person and by her attorney, Mr. Frank J. Niesen, for a hearing for a final award on her claim against the employer, Bethesda Town House, and its insurer, Bethesda Health Group, Inc. C/O Claims Management, Inc. The employer, Bethesda Town House, and its insurer, Bethesda Health Group, Inc. C/O Claims Management, Inc., were represented at the hearing by their attorney, Mr. E. Thomas Liese. The Second Injury Fund is a party to this case, but was not present or represented at the hearing, since the parties agreed to leave that portion of the Claim open. Also present and participating in the hearing was Violet Niesen, who was serving as a Bosnian translator for these proceedings. At the time of the hearing, the parties agreed on certain stipulated facts and identified the issues in dispute. These stipulations and the disputed issues, together with the findings of fact and rulings of law, are set forth below as follows:

1) Zlata Uzicanin (Claimant) sustained an accidental injury arising out of and in the course of employment on or about the date of injury of April 9, 2003.

2) Claimant was an employee of Bethesda Town House (Employer).

3) Venue is proper in the City of St Louis.

Based on a comprehensive review of the evidence, including Claimant's testimony, the expert medical opinions and depositions, the medical records and bills, and the testimony of the other witness, as well as based on my personal observations of Claimant and the other witness at hearing, I find:

1) Claimant is a 47-year old female who was born in Novi Sad, Yugoslavia (Serbia). She has been married to Mujo Uzicanin for 27 years. They have one son who is 26 , and who still lives with them. Claimant had 14 years of schooling in Yugoslavia, and worked for 2 years as a Kindergarten teacher. She left Yugoslavia (Serbia) just before the war, so she was not involved in it. After stays in Austria and Germany, she eventually landed in the United States, and has lived in St. Louis since 1998.

2) Claimant testified she has had three jobs here, all with Employer. She has worked in housekeeping, in the restaurant, and in laundry. She last worked for Employer in January 2007. Her employment ended for Employer when she was discharged (fired) by them. She testified that she lost the job because she would forget things and she was not good with communicating with her supervisors and co-workers. Before April 9, 2003, Claimant denied any problems with headaches, depression, anxiety or anything else.

3) On April 9, 2003, the date of the injury, Claimant was washing windows as a part of her normal job duties for Employer as a housekeeper. She was washing the bottom half of the window, and another employee was washing the upper half. Claimant was bent down, and when a resident opened the door to come into the room, the upper half of the window fell on her head. It struck her on the right side of the head, higher up near the top. She did not lose consciousness. She described immediate complaints of shaking, and lost concentration. She said she felt bad, and she had to sit down on the ground. She said she just could not stand anymore. She reported the injury to her supervisor. She said the older lady and the other worker explained what had happened. She received some ice on her head, but no other first aid.

4) Claimant testified that her manager, Betty Altman, drove her to the company doctor. Claimant said there was no translator, so her manager was explaining things for her to the doctor. She was only able to show where things were hurting by pointing with her hand. No X-rays were taken. Claimant said her manager then drove her home.

5) The medical records from Unity Corporate Health (Exhibit H) document a visit on April 9, 2003. The record contains a consistent history of the window falling and striking her on the right side of the head. According to the record, Claimant denied loss of consciousness, visual disturbances, nausea, or headaches. Physical examination revealed no swelling, discoloration, and no break in the skin. Her vision and neuromuscular testing was all normal. She was diagnosed with a contusion to the right side of the head. The record characterized the injury as "very minor." She was released from care without restrictions. The report notes that permanency is not anticipated.

6) Regarding her continuing complaints in the days and weeks following the accident, Claimant tes