Diane Nyberg v. Ford Motor Company

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 1, 2001
5. State location where accident occurred or occupational disease was contracted:

Claycomo, Clay County, Missouri. 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: While walking across an assembly line floor Employee slipped on a foreign substance on the floor and fell back onto her buttocks and back causing her injuries. 12. Did accident or occupational disease cause death? No 13. Part(s) of body injured by accident or occupational disease: Low back, Coccyx 14. Nature and extent of any permanent disability: Permanently and Totally Disabled. 15. Compensation paid to date for temporary disability: $\ 59,653.18 16. Value necessary medical aid paid to date by employer/insurer? $\ 86,818.14 17. Value necessary medical aid not furnished by employer/insurer? N/A 18. Employee’s average weekly wages: $\ 1,400.00 19. Weekly compensation rate: $\$ 599.96 / \ 314.26 20. Method wages computation: AGREEMENT and subsection 287.250.9.

1. Benefits Currently Due

Medical Care To Be Determined

Total Ongoing Benefits: To be paid by Employer Ford Motor Company permanent total disability benefits beginning February 15, 2003 to present and in the future as long as Claimant remains disabled

1. Second Injury Fund liability: none

The compensation awarded to Claimant shall be subject to a lien in the amount of twenty-five percent (25%) of all payments hereunder in favor of William Spooner, Attorney for Claimant.

FINDINGS OF FACT and RULINGS OF LAW

Employee: Diane Nyberg Injury No: 01-049721

Dependents: N/A

Employer: Ford Motor Company

Additional Party: The Second Injury Fund

Insurer: Self-insured

Hearing held: 02-26-07 03-02-07

On February 26, 2007 and March 2, 2007 the Employee, employer and Second Injury Fund appeared for a final hearing. The Division had jurisdiction to hear this case pursuant to Section 287.110 RSMo. The Employee was represented by William Spooner and Joshua Perkins, the employer was represented by James Humphrey and Bruce Levine and the Second Injury Fund was represented by Bonita Seliga.

The parties stipulated as follows:

1. On April 1, 2001, Claimant was working for Ford Motor Company, an employer operating under and subject to the Missouri Workers' Compensation Law, and during this time was fully insured by Ford Motor Company.
2. On April 1, 2001, Diane Nyberg was an employee of Ford Motor Company and was working subject to Missouri Worker Compensation law.
3. Claimant sustained an accident or occupational disease in Claycomo, Clay County, Missouri
4. The claimant's claim was filed within the time prescribed by R.S.Mo. 287.420.
5. Claimant's average weekly wage is $\ 1,400.00 per week resulting in a temporary total and permanent total benefit of $\ 599.96 and a permanent partial benefit of $\ 314.26.
6. Temporary Total disability benefits in the amount of $\ 59,653.18 and medical benefits in the amount of $\ 86,818.14 have been provided to employee by Ford Motor Company.

The parties REQUESTED THE Division to determine:

1. Whether Claimant is permanent and totally disabled; and
2. If Claimant is found to be permanently and totally disabled, whether Claimant is permanently and totally disabled based on her April 01, 2001 injury in isolation or whether Claimant is permanent and totally disabled based on a combination of her pre-existing conditions in combination with her primary injury;
3. Whether Ford Motor Company must provide Employee with future medical care.

Claimant's evidence consisted of her live testimony at the hearing. The claimant offered for admission into evidence the following exhibits:

A: DR. P. BRENT KOPRIVICA NARRATIVE REPORT \& RATING DATED 04-24-004

B DR. P. BRENT KOPRIVICA ADDENDUM REPORT DATED 10-03-04

C DR. P. BRENT KOPRIVICA ADDENDUM REPORT DATED 02-27-05

D DR. P. BRENT KOPRIVICA ADDENDUM REPORT DATED 02-12-06

E DR. JOHN D. PRO PSYCHIATRIC REPORT DATED 07-27-04

F DR. JOHN D. PRO ADDENDUM REPORT DATED 01-27-05

G MARY TITTERINGTON VOCATIONAL REPORT DATED 09-20-04

H MARY TITTERINGTON ADDENDUM REPORT DATED 02-15-05

I MARY TITTERINGTON ADDENDUM REPORT DATED 04-24-05

J KATHLEEN J. KEENAN PSYCHOLOGICAL REPORT DATED 11-16-04

K KATHLEEN J. KEENAN ADDENDUM REPORT DATED 12-08-04

L CONNIE ARNOLD, CONNICARE CASE MANAGER REPORT DATED 11-23-04

M DR. PETER I. VILKINS RATING REPORT DATED 09-30-02

N DR. CHRIS E. WILSON NARRATIVE REPORT \& RATING DATED 01-22-03

O DR. STEVEN L. HENDLER NARRATIVE REPORT DATED 12-03-04

P DR. IRA H. FISHMAN NARRATIVE REPORT DATED 09-23-02

Q DR. JOHN A CLOUGH NARRATIVE REPORT DATED 01-29-02

R DR. MARY E. BROTHERS NARRATIVE REPORTS DATED 12-09-03 \& 06-04-04

S JANE A. DUEBLER-WHITE VOCATIONAL REPORT DATED 02-12-07

T DR. DENNISON R. HAMILTON NARRATIVE REPORT DATED 02-02-07

U DR. WILLIAM BROOKS NARRATIVE REPORT DATED 06-01-06

V FORD REHAB APRIL 2001 THRU NOVEMBER 2001

W FORD MEDICAL 12-04-01 THRU 09-05-03

X FORD MEDICAL 12-14-04 THRU 11-07-01

Y PAIN MANAGEMENT - DR. MILTON LANDERS DATED 10-05-01

Z PAIN \& WELLNESS CLLINIC - DR. ZHENGYU HU 10-11-00 THRU 10-24-01

AA MEDICAL IMAGING 04-11-01 / 06-05-01 / 06-11-01

BB ORTHOPEDIC SURGEONS 06-27-01 THRU 11-07-01 W/AFFIDAVIT

CC ORTHOPEDIC SURGEONS 06-27-01 THRU 11-07-01

DD ORTHOPEDIC SURGEONS 08-01-01 THRU 11-07-01

EE K.C. NEUROSURGERY GROUP 01-29-02 THRU 02-28-02

FF FAMILY CARE OF INDEPENDENCE 10-08-02 THRU 01-03-06

GG DR. STEVEN HANDLER 01-19-04 THRU 12-03-04

HH DR. ROBERT STEPHENSON 03-20-05 - MRI

II NKC HOSPITAL 04-09-04 THRU 06-15-05

JJ NKC HOSPITAL 10-01-01 THRU 11-01-01 AND 06-11-88 THRU 05-07-98

KK NKC HOSPITAL DECEMBER 2001 THRU JANUARY 2003

LL NKC HOSPITAL 01-17-03 THRU 01-30-04

MM NKCHOSPITAL 04-09-04 THRU 11-22-04

NN NKC HOSPITAL PAIN MANAGEMENT 05-07-96 THRU 09-05-03

OO NKC HOSPITAL PAIN MANAGEMENT OCT. 2001 THRU JAN. 2004

PP HEADACHE \& PAIN CENTER 03-29-06

QQ DR. IRA H. FISHMAN 04-05-96 THRU 09-23-02

RR DR. DANIEL P. BORTNICK - MONARCH PLASTIC SURGERY 04-02-96 THRU 08-22-96

SS DR. DANIEL P. BORTNICK - MONARCH PLASTIC SURGERY 04-02-96 THRU 09-03-96

TT MARINER OUT-PATIENT CARE 12-03-97 THRU 04-03-98

UU DR. DANIEL D. WEED - DICKSON-DIVELEY 10-02-97 THRU 08-19-98

VVU DR. DANIEL D. WEED - DICKSON-DIVELEY 01-06-98 THRU 08-19-98

WW LIBERTY HOSPITAL 06-07-99 / 06-08-99 / 12-17-98

XX SCHOOL DISTRICT OF INDEPENDENCE - ELEMENTARY 1974-1976

YY MAPLEWOODS METROPOLITAN COMMUNITY COLLEGE

ZZ GED TRANSCRIPT 1978

AAA REPORTS OF INJURIES 1986 THRU 2001

BBB STIPULATION OF COMPROMISE 96-042303

CCC STIPULATION OF COMPROMISE 97-473015

DDD 1040 INCOME TAX RETURN - 2001

EEED 1040 INCOME TAX RETURN - 2002

FFF 1040 INCOME TAX RETURN - 2003

GGG 1040 INCOME TAX RETURN - 2004

HHH 1040 INCOME TAX RETURN - 2005

III DEPOSITION TRANSCRIPT OF DR. JOHN D. PRO, M.D., DATED MAY 30, 2006

JJJ DEPOSITION TRANSCRIPT OF MARY TITTERINGTON, DATED FEBRUARY 21, 2007

LLL LIST OF HOURS MISSED FROM WORK BY MS. NYBERG FROM 11-14-01 THROUGH 11-07-02

MMM DR. HENDLER'S LIST OF RESTRICTIONS

NNN DR. MARY BROTHER'S REPORT DATED 12-19-03

OOO PAIN MANAGEMENT CLINIC RECORDS DATED 11-22-04

PPP PAIN MANAGEMENT CLINIC RECORDS DATED 11-22-04

QQQ DR. GRIFFITH'S REPORT DATED 07-09-04

RRR DR. GRIFFITH'S REPORT DATED 9-27-04

The Employer and Insurer presented the live testimony at hearing of Dr. Kathleen Keenan, Ph.D, psychologist, Jane A. Deubler-White, vocational expert, and nurse case manager Connie Arnold. The employer/insured offered for admission into evidence the following exhibits:

Ford Motor Company offered the following exhibits:

1. INFORMATION PACKET SENT TO PATIEN BY DR. BROOKS
2. DR. BROOKS' C.V. \& WEBSITE INFORMATION
3. CONNIE ARNOLD C.V.
4. CONNIE ARNOLD E-MAILS TO FORD MOTOR COMPANY
5. SIX PAGES - COMPREHENSIVE PSYCHIATRIC ASSOCIATES
6. MEDICAL RECORDS SUMMARY
7. 08/30/05 LETTER FROM BRUCE LEVINE TO WILLIAM SPOONER
8. 09/20/05 LETTER FROM WILLIAM SPOONER TO BRUCE LEVINE
9. 09/27/05 LETTER FROM BRUCE LEVINE TO WILLIAM SPOONER
10. 10/14/05 LETTER FROM BRUCE LEVINE TO WILLIAM SPOONER
11. KATHLEEN KEENAN - C.V.
12. KATHLEEN KEENAN - 11/16/04 REPORT
13. KATHLEEN KEENAN - 12/08/04 REPORT
14. UNICARE BENEFITS
15. SUPPLEMENTAL REPORT BY FENNISON HAMILTON

Employer's Exhibit 6 was not admitted. The remaining exhibits were admitted.

The Second Injury Fund offered no live testimony at hearing and the following exhibits into evidence:

1. The deposition of Ms. Nyberg, which was admitted over the objection of Ms. Nyberg.

On May 05, 1994, Claimant began working for Ford Motor Company on the assembly line. Claimant's initial position with Ford was a speaker installer wherein she installed speakers using small screws and a screw gun to affix speakers to the automobile. Claimant was later transferred to the position of panel servicer wherein she inserted door handles and tightened door mechanisms. During her time as a panel servicer, Claimant developed right carpal tunnel syndrome as well as right cubital tunnel syndrome. These conditions were treated through surgery by Dr. Bortnick on or about May 07, 1996. Claimant testified that she had ongoing sensitivity in her right medial elbow and ongoing loss of strength in her right upper extremity after her surgery, but she did return to work at Ford. Claimant was later transferred to the position of left-hand loom operator which is the position in which she sustained her primary injury of April 01, 2001.

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