Ronald Clark v. Harts Auto Repair

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: May 22, 2001.
5. State location where accident occurred or occupational disease was contracted: Liberty, Clay County, Missouri. By agreement of the parties the matter was heard in Kansas City, Jackson 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: The employee, while in the course and scope of his employment as an automobile mechanic for Harts Auto Repair sustained an injury when he fell from a 26-foot ladder and landed on the ground below and with his right leg in a bucket. Claimant was climbing the ladder to do some electrical work for his employer.
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 leg, back, hip, left leg, head and psyche.
14. Nature and extent of any permanent disability: Complex Regional Pain Syndrome and soft tissue injuries to back and hip and headaches and depression.

1. Compensation paid to-date for temporary disability: $\ 90,332.06.
2. Value necessary medical aid paid to date by employer/insurer? \$222,089.39.
3. Value necessary medical aid not furnished by employer/insurer? Undetermined.
4. Employee's average weekly wages: $\ 710.15.
5. Weekly compensation rate: $\$ 473.46 / \ 314.26.
6. Method wages computation: By Agreement.

1. Amount of compensation payable:

unpaid medical expenses Undetermined

weeks for temporary total disability (temporary partial disability) 183 and 6/7ths weeks paid

at rate of $\ 473.46 for a total of $\ 90,332.06

N/A weeks for permanent partial disability from employer

N/A weeks of disfigurement

permanent total disability benefits from employer Undetermined

1. Second Injury Fund liability: N/A

N/A weeks of permanent partial disability from Second Injury Fund

N/A permanent total disability benefits from Second Injury Fund

N/A weekly differential payable by Second Injury Fund

TOTAL: Undetermined

1. Future requirements awarded: Undetermined

Said payments to begin as of the date of the 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. James Martin.

Employee: Ronald Clark

Injury No. 01-064945

Dependents: N/A

Employer: Harts Auto Repair

Prior to the hearing, the parties entered into various admissions and stipulations. The remaining issues were as follows:

1) the nature and extent of the disability sustained by the Employee; 2) liability of the Employer for past medical aid in the amount of $639; 3) liability of the Employer for future medical benefits; and, 4) liability of the Employer and Insurer for attorney's fees and costs.

At the hearing, Mr. Ronald Clark (hereinafter referred to as Claimant) testified that he was 49 years old. He stated that he obtained his GED while in the Navy, where he was trained in electronics and attended gunnery school.

Claimant testified that he was hired by Harts Auto Repair in 1998 as an auto body and engine transmission repair technician. He stated that he had advanced training and that he was ASE certified in refrigeration. He stated that his previous jobs were as a mechanic and as a machinist.

Claimant testified that his accident at work occurred when he was doing some electrical work on his employer's roof. He stated that his employer was remodeling and hanging signs on the outside of the building and that he had to climb a 26-foot ladder to reach the roof. He stated that while on the ladder, it slid to the left, causing him to fall to the right. He stated that he fell about 12 feet to the ground below. He stated that he was knocked unconscious by the fall. He stated that when he regained consciousness after about 30 to 45 minutes, his right leg was in a 35-gallon drum of gear lubricants and was bleeding profusely.

Claimant complained of immediate and severe pain in his right leg. He also complained of right hip and back pain and headaches. He stated that a few hours after the accident he was in agony. He stated that he was getting no circulation in his leg. He stated that he was screaming due to his leg pain. He stated that his leg was so swollen that he could not distinguish his ankle from his knee. He stated that he went to the hospital that night and had surgery on his right leg.

Claimant testified that afterwards he experienced numerous problems with swelling, infections and fluid draining from his leg. He stated that he had a two-by-four inch hole in his leg which would not heal.

Claimant testified that during a second surgery on his leg a nerve was severed. He stated that in addition to his leg, hip and back pain and headaches, he also developed spasms in his right shoulder with pain radiating to his elbow.

Claimant testified that Dr. Dugan released him to return to light duty in March 2002. He stated that he was not able to do the light duty. He stated that his leg doubled in size. He stated that he was in a lot of pain. He stated that he was on a lot of medication. He stated that he had horrible headaches. He stated that pain began to shoot to his other leg. He stated that due to the swelling in his leg, he was not able to remove his shoes and socks after his first day at work. He stated that the next day his boss saw his leg and sent him home with instructions to not return to work until his leg was "fixed".

Claimant testified that in July 2003, Dr. Bonar performed a third surgery on his leg. He stated that she cut his leg open from the knee to the bone. He stated that he was then referred to a vascular surgeon who did grafts and removed some of the skin from his leg.

Claimant testified that Dr. Bonar also referred him to Dr. Galate to treat his other complaints and to Dr. Allen, a neurologist, for his headaches. He stated that both Drs. Galate and Bonar told him that his back problems were related to his leg injury. He stated that both prescribed a cane. He stated that he wore a brace on his leg.

Claimant testified that he was on numerous medications. He stated that he had nine epidural injections. He stated that he was prescribed Bier blocks. He stated that he was referred to a psychiatrist for depression. He stated that the psychiatrist recommended vocational rehabilitation where he was advised that the program could not help him.

Claimant testified that he saw Dr. Kloster for pain management. He stated that neither that treatment nor the neurostimulator placed in his back relieved his pain. He stated that the stimulator caused horrible migraine headaches and was removed in February 2006. He stated that he had continued to treat with Dr. Kloster after the insurance company terminated his temporary total disability benefits.

Claimant testified that Dr. Bonar eventually advised him that he needed to learn to live with his right leg pain or to have his leg amputated. He stated that he considered an amputation. He stated that Dr. Fevurly advised against an amputation.

Claimant testified that he had a total of nine surgeries on his right leg and nine epidural injections. He stated that he had seen 20 doctors and 33 professionals about his leg injury. He stated that despite all the treatment, his condition was now worse than ever. He stated he had severe chest pain every morning. He complained of swelling in his leg. He stated that he needed to prop his leg to prevent even more swelling. He stated that he was extremely limited in his activities.

Claimant testified that he sometimes experienced shooting pains in his left leg. He stated that he was diagnosed with complex regional pain syndrome of the right leg. He stated that he now had complex regional pain syndrome in his left leg, but of less severity. He stated that the treatment had not improved his left leg or back pain.

Finally, Claimant alleged side effects from his medications. He complained of nausea, blurred vision and of being disoriented. He complained that he had fallen down his stairs.

Claimant also offered into evidence four medical depositions, a vocational expert's deposition and various medical reports and records. Bernard Abrams, M.D., a neurologist, testified that he examined Claimant on February 25, 2005. He noted Claimant's complaints. He diagnosed Claimant with numerous conditions, including complex regional pain syndrome in both legs, orthostatic hypotension due to chronic pain, a mild cognitive dysfunction secondary to the head injury and chronic headaches.

Dr. Abrams noted that the medical records showed that some doctors had found symptom magnification and somatization by Claimant. He indicated that Claimant's functional capacity evaluation on April 21, 2003, was invalid due to Claimant's "significant self-limitation and significant symptom magnification".

Dr. Abrams concluded that Claimant had sustained a permanent partial disability of 93 percent to the body as a whole due to his injuries in the May 2001 accident at work. He concluded that the accident had resulted in a permanent partial disability of 80 p