Tina Ball-Sawyers v. Blue Springs School District

Employee: Tina Ball-Sawyers

Injury No. 01-030140

Dependents: N/A

Employers: Blue Springs School District

Insurers: Hartford Underwriters

Additional Party: Second Injury Fund

Hearing Date: April 10, 2007

Checked by: RSM/lh

- Are any benefits awarded herein? Yes.

1. Was the injury or occupational disease compensable under Chapter 287? Yes.
2. Was there an accident or incident of occupational disease under the Law? Yes.
3. Date of accident or onset of occupational disease: February 24, 2001.
4. State location where accident occurred or occupational disease was contracted: Blue Springs, Jackson County, Missouri
5. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
6. Did employer receive proper notice? Not applicable in occupational disease cases.
7. Did accident or occupational disease arise out of and in the course of the employment? Yes.
8. Was claim for compensation filed within time required by Law? Yes.
9. Was employer insured by above insurer? Yes.
10. Describe work employee was doing and how accident occurred or occupational disease contracted: While driving a school bus, the Claimant sustained cumulative trauma to her back.
11. Did accident or occupational disease cause death? No. Date of death? N/A
12. Part(s) of body injured by accident or occupational disease: Lumbar spine, body as a whole,
13. Nature and extent of any permanent disability: Permanent and total disability.
14. Compensation paid to-date for temporary disability: $\ 65,074.10.
15. Value necessary medical aid paid to date by employer/insurer? None.
16. Value necessary medical aid not furnished by employer/insurer? $\ 176,240.90.

1. Employee's average weekly wages: $\ 424.40.
2. Weekly compensation rate: $\$ 282.93 / \ 282.93.
3. Method wages computation: By Agreement.

1. Amount of compensation payable:

unpaid medical expenses $\ 176,127.90

212 2/7ths weeks for temporary total disability from March 21, 2001 through

April 20, 2005

60,062.00

$\S 287.510$ Doubling of Temporary Award (temporary total disability \& medical) ..... 236,189.90

102 3/7ths weeks of permanent total disability benefits from employer from

April 21, 2005 through hearing date of April 10, 2007 ..... 28,980.11

Employer is entitled to a credit against this award for benefits already paid

in the amount of. ..... $\{65,074.10\}

1. Second Injury Fund liability: None

TO TRIAL DATE TOTAL OWED: \quad \ 436,285.81

1. Future requirements awarded: Yes. See Findings of Fact and Rulings of Law regarding on going weekly permanent total disability benefits and medical treatment.

Said payments to begin upon receipt of Award 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 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

Mr. William Spooner.

Employee: Tina Ball-Sawyers

Injury No. 01-030140

Dependents: N/A

Employers: Blue Springs School District

Insurers: Hartford Underwriters

Additional Party: Second Injury Fund

Hearing Date: April 10, 2007

Checked by: RSM/lh

On June 25, 1998, Claimant filed a Claim for Compensation against Employer alleging permanent repetitive trauma injury to her right shoulder, neck and back due to the repetitive nature of her job as a school bus driver. In her June 25, 1998, Claim for Compensation, Claimant alleged a date of injury up to and including April 01, 1998. On August 28, 1998, an Answer was filed to Claimant's June 25, 1998, Claim for Compensation. On March 26, 2001, Claimant filed an additional Claim for Compensation against Employer alleging permanent injury to her low back and body as a whole resulting from an occupational disease contracted from her duties as a school bus driver. At that time, no claim against the Second Injury Fund had been made. In her March 26, 2001, Claim for Compensation, Claimant alleged a date of injury up to and including February 24, 2001. On June 05, 2001, attorney for Employer/Insurer filed his Answer. On February 12, 2002, Claimant filed an Amended Claim for Compensation against the Employer/Insurer adding a claim against the Second Injury Fund alleging permanent and total disability to which the Second Injury Fund filed an answer denying liability.

On February 07, 2001, a hardship mediation was conducted for purposes of addressing Claimant's need for medical treatment and payment of temporary total disability benefits. The parties were unable to resolve their issues. On August 04, 2003, a hardship hearing was held before the Honorable Emily Fowler to address Claimant's need for medical treatment and payment of temporary total disability benefits. In an Award dated September 03, 2003, Judge Fowler made the following determinations: (1) Employee did sustain an occupational disease arising out of and in the course of her employment due to the repetitive trauma to her back caused by being a bus driver; (2) Employer had ample notice of Claimant's April 01, 1998 and February 24, 2001 Claims; (3) Employee is entitled to temporary total disability benefits from March 21, 2001 through the date of her award, September 03, 2003; and (4) Employer was ordered to provide Employee with additional medical care required to cure and relieve her symptoms. Ultimately, Judge Fowler ordered Employer to pay Employee the sum of $\ 35,001.27 representing 123 and $5 / 7 th weeks of temporary total disability at \ 282.93 owing up to the date of the Temporary Award and Employer was to provide Employee with necessary medical care and treatment and ongoing temporary total disability benefits as required.

On September 18, 2003, Attorney for Employer/Insurer, Thomas Hill, filed a timely Application for Review before the Labor and Industrial Commission of Missouri. Employer/Insurer sought review of Judge Fowler's September 03, 2003 Award. The parties briefed the issues and on February 13, 2004, the Commission affirmed and adopted the award and decision of Judge Emily Fowler entered in her September 03, 2003 Award. Despite the Commission's affirmation of Judge Fowler's Award, the Employer/Insurer did not provide any medical benefits to Claimant. The Employer/Insurer finally paid temporary total disability, $\ 45,268.80, on April 23, 2004. No additional temporary total disability payments were made, however, until August 24, 2005, sixteen months later, wherein Employer/Insurer paid $\ 17,541.86. Employer/Insurer made eight additional temporary total disability payments throughout June, July and August of 2005 totaling $\ 2,263.44.

On April 10, 2007, this case was heard before the undersigned administrative law judge for purposes of a final hearing. The parties were afforded an opportunity to submit proposed awards resulting in the record being completed and submitted to the undersigned on April 30, 2007. Although the parties entered into stipulations of facts concerning Claimant's April 1, 1998 Claim for Compensation, as well as her February 24, 2001 Claim for Compensation, the evidence in both the temporary hearings as well as the final hearing clearly shows that any viable 1998 Claim for Compensation should be and is hereby consolidated into the 2001 Claim for Compensation.

The parties stipulated to the following facts concerning Claimant's February 24, 2001 Claim for Compensation:

- that on or about February 24, 2001, the Blue Springs School District was an Employer operating under the provisions of the Missouri workers' compensation law and that their liability under said law was fully insured by Hartford Insurance Company;

- that on or about February 24, 2001, Tina Ball-Sawyers was an Employee of Blue

District and was working under the provisions of the Missouri workers' compensation law;

- that a claim for compensation was filed within the time prescribed by law;

- that the venue was proper in Jackson County, Missouri;

- that the average weekly wage was $\ 424.40 and that the applicable compensation rate for both temporary total disability benefits as well as permanent partial disability benefits is $\ 282.93 per week;

- that compensation had been paid by the employer in the amount of $\ 65,074.10;

- that no medical aid had been furnished by the employer or insurer.

The issues to be determined by the hearing are as follows:

- whether on or about February 24, 2001, Claimant sustained an injury by accident, series of accidents or occupational disease arising out of and in the course of her employment;

- whether the employer had notice of the injury as provided by law;

- whether the Claimant is entitled to temporary total disability benefits and for what period of time;

- whether the Claimant is entitled to payment of past medical expenses. Employee is requesting payment of bills in the amount of $\ 176,240.90 up to the date of trial;

- whether the Claimant is entitled to future medical treatment. Claimant is requesting that medical be left open for her lifetime;

- the nature and extent of any permanent disability resulting from the alleged work injury of February 24, 2001, as well as the liability of the Second Injury Fund under §287.220 RSMo;

- the liability, if any, of the Employer/Insurer for penalties under §287.510 RSMo. 2000;

- and the liability of the Employer/Insurer for fees and costs under §287.203.

Although the eight issues enumerated above were the issues listed at the time of the hearing, the Claimant later withdrew his request for imposition of costs and fees under $\S 287.203$. Therefore, the first seven issues are the issues left to be determined by the hearing.

Tina Ball-Sawyers (now Haley pursuant to marriage of August 6, 2006) was born November 2, 1961. She lives with her current husband, Tim Haley, and her youngest son in Lee's Summit, Missouri. She successfully obtained a general equivalency degree (GED) after having dropped out of high school when she was younger. She doesn't have any special vocational training, trade school, apprenticeships or certifications. Her work history prior to 1995 was primarily low skill level jobs including waitressing, housekeeping and providing nursing aid.

Claimant began working as a bus dr