Tony Gross v. Daimler-Chrysler

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 01-070581

Employee: Tony Gross

Employer: Daimler-Chrysler (Settled)

Insurer: Self-Insured (Settled)

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

Date of Accident: April 18, 2001

Place and County of Accident: St. Louis County

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 22, 2007. The award and decision of Administrative Law Judge John K. Ottenad, issued August 22, 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 $\underline{10^{\text {th }}}$ day of January 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

NOT SITTING

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: April 18, 2001
5. State location where accident occurred or occupational disease was contracted: St. Louis County
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 worked on the assembly line for Employer and injured his right knee, as well as caused a worsening of his psychiatric condition, when he was struck on the right knee by an axle suspended on a hoist.
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: Right Knee and Body as a Whole referable to psychological impairment
14. Nature and extent of any permanent disability: 50% of the Right Knee and 25% of the Body as a Whole referable to the psychological impairment
15. Compensation paid to-date for temporary disability: $55,684.98
16. Value necessary medical aid paid to date by employer/insurer? $93,614.26

Employee: Tony Gross Injury No.: 01-070581

1. Value necessary medical aid not furnished by employer/insurer? N/A
2. Employee’s average weekly wages: 869.27
3. Weekly compensation rate: 579.51 for TTD/ $314.26 for PPD
4. Method wages computation: By agreement (stipulation) of the parties

1. Amount of compensation payable:

I. Vocational Rehabilitation Evaluation Report of James M. England, Jr.

Notes: 1) Exhibits AA and BB were admitted with objections contained in the record. Unless otherwise specifically noted below, the objections are overruled and the testimony fully admitted into evidence.

2) Although Exhibit Z purports to contain attachments, and although such attachments are referenced in the body of the exhibit, no such attachments were included with the exhibit at the time it was admitted into evidence.

3) Any stray marks or handwritten comments contained on any of the exhibits were present on those exhibits at the time they were admitted into evidence, and no other marks have been made since their admission into evidence on April 9, 2007.

Based on a comprehensive review of the substantial and competent evidence, including Claimant's testimony, the expert medical and vocational opinions and depositions, the medical records, the Stipulations for Compromise Settlement for various pre-existing injuries, and the Stipulation for Compromise Settlement resolving Employer's portion of this case, as well as based on my personal observations of Claimant at hearing, I find:

1) Claimant is a 43-year-old, currently unemployed individual, who last worked for DaimlerChrysler Corp. as an assembly line worker. Claimant currently receives a monthly payment from Social Security Disability.

2) Claimant testified that he completed the $12^{\text {th }}$ grade, and then tried on two occasions to go to community college, but he flunked out both times.

3) Claimant testified extensively about emotional and psychological problems that started when he was a child. He described himself as a loner. He said that he was molested at around age 12. He had to hitch a ride to ball practice because his parents did not drive, and the person that picked him up, molested him. He said that after that incident, he felt "dirty" and had recurring intrusive thoughts. His parents divorced when he was 14 years old. He said he came home one day and everything was gone except for his father. Claimant said that he only saw his mother 3 times while he was in high school. He said that he often stayed with other families and rarely at home, because he always needed a ride to ball practice. He always felt like a "project" for them. He said that some nights he slept in the cold on the school steps if he could not find a family to stay with. He testified that he only saw his father once every couple of months. He described a family history of alcoholism in his aunts and uncles, as well as a family history of depression in his mother and younger sister. He described being "smacked around" by his family because he was the old