Slobodanka Zilic v. SBI, Inc. aka Schroeder & Tremayne, Inc.

(Affirming Award and Decision of Administrative Law Judge)

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 April 10, 2007. The award and decision of Administrative Law Judge John K. Ottenad, issued April 10, 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 $\qquad 4^{\text {th }}$ 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? 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: January 22, 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 a sewer for Employer who injured her left elbow, left knee and low back when she twisted, slipped and fell as she was moving a full box to the pallet.
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: Left Elbow, Left Knee and Body as a Whole—Low Back
14. Nature and extent of any permanent disability: 25% of the Left Elbow, 25% of the Left Knee, 12.5% of the Body as a Whole referable to the Low Back, and a 10% multiplicity load factor
15. Compensation paid to-date for temporary disability: $9,943.89
16. Value necessary medical aid paid to date by employer/insurer? $50,964.66 Employee: Slobodanka Zilic Injury No.: 03-004378
17. Value necessary medical aid not furnished by employer/insurer? N/A
18. Employee’s average weekly wages: 452.00
19. Weekly compensation rate: 301.33 for TTD/ $301.33 for PPD
20. Method wages computation: By agreement (stipulation) of the parties

1. Amount of compensation payable:

On December 14, 2006, the employee, Slobodanka Zilic, appeared in person and by her attorney, Mr. Ray B. Marglous, for a hearing for a final award on her claim against the employer, SBI, Inc. aka Schroeder & Tremayne, Inc., and its insurer, Pacific Indemnity Co. C/O Chubb Group, as well as the Second Injury Fund. The employer, SBI, Inc. aka Schroeder & Tremayne, Inc., and its insurer, Pacific Indemnity Co. C/O Chubb Group, were represented at the hearing by their attorney, Mr. John P. Kafoury. The Second Injury Fund was represented at the hearing by Assistant Attorney General Eileen Ruppe Krispin. Also present and participating in the hearing was Claimant's daughter, Amela Zilic, 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 facts and rulings of law, are set forth below as follows:

1. On or about January 22, 2003, Slobodanka Zilic (Claimant) sustained an accidental injury arising out of and in the course of her employment that resulted in injury to Claimant's left elbow, left knee and low back.
2. Claimant was an employee of SBI, Inc. aka Schroeder & Tremayne, Inc. (Employer).

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

4) Employer received proper notice.

5) The Claim was filed within the time prescribed by the law.

6) At the relevant time, Claimant earned an average weekly wage of $\ 452.00, resulting in applicable rates of compensation of $\ 301.33 for total disability benefits and $\ 301.33 for permanent partial disability (PPD) benefits.

7) Employer paid temporary total disability (TTD) benefits in the amount of $\ 9,943.89, representing a period of time from January 22, 2003 to September 9, 2003, or 33 weeks.

8) Employer paid medical benefits totaling $\ 50,964.66.

9) Claimant reached maximum medical improvement on September 9, 2003.

1) Is Claimant's alleged psychiatric condition medically causally related to the injury at work on or about January 22, 2003 ?

2) Is Claimant entitled to future medical care related to this injury for the psychiatric condition only?

3) What is the nature and extent of Claimant's permanent partial and/or permanent total disability attributable to this accident?

4) What is the liability of the Second Injury Fund?

The following exhibits were admitted into evidence:

A. Deposition of Samuel Bernstein, Ph.D., with attachments, dated December 4, 2006

B. Deposition of Wayne Stillings, M.D., with attachments, dated June 12, 2006

C. Deposition of Shawn Berkin, D.O., with attachments, dated August 8, 2006

D. Certified medical treatment records of Health South

E. Certified medical treatment records of Des Peres Hospital

F. Certified medical treatment records of Unity Corporate Health

G. Medical treatment records of Pain Treatment Center, Inc. (Dr. John Graham)

H. MRI of the lumbar spine dated July 25, 2003

1. Medical treatment records of The Orthopedic Center of St. Louis (Dr. David Brown)
2. Medical treatment records of The Orthopedic Center of St. Louis (Dr. Mark Miller)
3. Deposition of Edwin Wolfgram, M.D., with attachments, dated June 20, 2006
4. Certified medical treatment records of Dr. Maret

Nothing submitted at the time of trial

Note: Exhibits A, B, C, and 3 were admitted with objections contained in the record. Unless otherwise specifically noted below, the objections are overruled and the testimony fully admitted into evidence. Specifically on the Seven Day Rule objections, the party making that objection did not then request a continuance to reconvene the deposition after having had a chance to review the new opinion, and thus that objection was effectively waived.

Based on a comprehensive review of the substantial and competent evidence, including Claimant's testimony, the expert medical opinions and depositions, the vocational opinion and deposition, and the medical records, as well as my personal observations of Claimant at hearing, I find:

1) Claimant is a 57 year old, currently unemployed individual, who last worked for Schroeder \& Tremayne (Employer) as a sewing machine operator on January 22, 2003. She had worked for Employer from September 1998 until the date of her injury.

2) Claimant testified that she was born in Capljina, Yugoslavia (Bosnia) and lived there from birth until 1993. She testified that she finished elementary school and three years of high school, but then left school and went to work. She worked for $51 / 2$ years at a factory knitting sweaters with a machine, but left that job because she got married. She received no special work training in Bosnia. After getting married, she was a homemaker, raising her three children.

3) I observed that Claimant became visibly upset and very tearful when she was describing how her life changed because of the war between Croatia and Bosnia over religion. Since she was a Muslim, she said that her family was targeted by the authorities. She described that grenades were constantly falling, and they often had no food. She would huddle with her three children in the basement to protect them from the grenades. Claimant said the Croatian army came and took her husband away to a concentration camp. She said it was over a month before she knew his whereabouts. She said there was no food to be purchased since the stores were robbed. She testified that her Muslim neighbors shared what they could. Finally, Claimant said the authorities came and forced her to sign over everything they owned (specifically, the house) to get her husband out of the concentration camp. Having nowhere to live now in Bosnia, she and her family traveled to Germany in 1993, where they lived for 5 years. She said she did not work in Germany. Then she came with her family to the United States, and settled in St. Louis. She said they brought nothing with them when they came over here to America.

4) Claimant said her first job in St. Louis was packing diapers, which she did for $11 / 2$ to 2 months. Then she got the job sewing at Schroeder \& Tremayne in September 1998, and worked there until the day of her injury, January 22, 2003.

5) Claimant testified that she missed work because of what she had gone through in Bosnia. She said she not only missed some days because of bad nightmares, but she also had to leave early because she was feeling bad. She said her problems included an inability to sleep at night because of nightmares of trucks coming to pick up children and women to take them away. She also had nightmares of the army coming into the house with guns. She testified she has had constant nightmares of the soldiers since coming from Bosnia. She said, at times, she felt like she could not be around people. She just did not feel well. She said she would sometimes ask to go home when she was feeling this way, even if she did make it into work.

6) Medical treatment records from Dr. Maret at BJC Medical Group (Exhibit 4) begin with an examination dated February 18, 2002. There was a question of hypertension and hyperlipidemia, bu