Dennis Schneider v. American Airlines

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: September 20, 2002
5. State location where accident occurred or occupational disease was contracted: St. Louis City, Mo.
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 slipped and fell on a conveyor belt landing on both hands and knees.

1. Did accident or occupational disease cause death? No Date of death? N/A
2. Part(s) of body injured by accident or occupational disease: Bilateral upper extremities
3. Nature and extent of any permanent disability: 25 % PPD of the right shoulder, 25 % PPD of the right elbow, 25 % PPD of the right wrist, 25 % PPD of the left elbow and 17.5 % PPD of the left wrist, and 7.5 % PPD of the body as a whole for thoracic/chest strain plus a 10 % multiplicity factor.
4. Compensation paid to-date for temporary disability: $\ 59,366.40
5. Value necessary medical aid paid to date by employer/insurer? $\ 73,764.20

Employee: Dennis Schneider

Injury No.: 02-142562

1. Value necessary medical aid not furnished by employer/insurer? N/A
2. Employee's average weekly wages: Sufficient to reach maximum rates for workers' compensation benefits
3. Weekly compensation rate: $\$ 649.32 / \ 340.12
4. Method wages computation: By stipulation

1. Second Injury Fund liability: Yes

Permanent total disability benefits from Second Injury Fund:

weekly differential (\$309.20) payable by SIF for 294 weeks beginning

June 3, 2005 and, thereafter, (beginning January 21, 2011) for Claimant's lifetime

Total:

TO BE DETERMINED

1. Future requirements awarded: None

Said payments to begin 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 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

Robert Keefe

Employee: Dennis Schneider

Dependents: N/A

Employer: American Airlines (Settled)

Additional Party: Second Injury Fund

Injury No.: 02-142562

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

A hearing was held for final award at the Missouri Division of Workers' Compensation (DWC), St. Louis office pursuant to a request from Dennis Schneider (Claimant). Claimant appeared represented by Attorney Robert Keefe. Assistant Attorney General Kristin Frasier represented the Second Injury Fund (SIF).

American Airlines (Employer) and American Home Assurance Company (Insurer) settled their respective claims with Claimant prior to the hearing for 171 / 2 % of the left wrist, 25 % of the left elbow, 25 % of the right wrist, 25 % of the right elbow, 25 % of the right shoulder, and 71 / 2 % of the body as a whole totaling $\ 100,000.00.

The record closed after presentation of evidence. Hearing venue is correct and jurisdiction properly lies with DWC.

The parties stipulate that on or about September 20, 2002;

1. The alleged accident occurred in St. Louis City.
2. Employer and Claimant were operating under the provisions of the Missouri Workers' Compensation law.
3. Employer's liability was fully insured by Insurer.
4. A Claim for Compensation was filed within the time prescribed by law.
5. Claimant's average weekly wage was sufficient to result in maximum rates for temporary total disability (TTD) and permanent partial disability (PPD) benefits. The rates for compensation are $\ 649.32 for TTD and $\ 340.12 for PPD.
6. Claimant received $\ 59,366.00 in TTD payments representing 91 and $3 / 7 weeks.
7. Claimant received \ 73,764.20 in medical benefits.
8. Claimant reached maximum medical improvement (MMI) on June 3, 2005.

The issues to be resolved at hearing are:

1. Accident;

1. Arising out of and in the course of employment;
2. Notice;
3. Medical causation;
4. Nature and extent of PPD from the primary injury; and
5. Nature and extent of SIF liability, if any, for either PPD or PTD.

Claimant's Exhibits A- O and Q-S were admitted. Exhibit P is excluded based on lack of relevance. SIF's exhibits I-IV were admitted without objection. Any notations contained in the Exhibits were present when admitted into evidence.

All of the evidence was reviewed, but only evidence supporting this award is summarized below.

Claimant was 47 years old at the time he was injured in 2002. Claimant graduated high school and studied mechanics at Lewis \& Clark College for one year. He can handle math but believes he is dyslexic because he has difficulty reading.

Claimant worked for Vandusen Aircraft from 1979 to 1987 packaging items. He worked part time as an Assistant Manager at Brentwood Skate from 1988 to 1990, distributing skates and making ice for the rink.

In March 1997 Employer hired Claimant as a Fleet Service Clerk. The job required lifting, walking, and crawling inside the plane. Claimant flagged, parked, and cleaned planes. He loaded luggage, mail, and freight into the belly of the plane, and moved human remains weighing up to 300 pounds with assistance from co-employees. The company later became American Airlines.

In 1978 Claimant's left ankle was fractured. The ankle was casted and he missed three months from work. After treatment ended, he experienced stiffness, pain, and wore a support brace and high top hiking boots to support his ankle. A bone chip occasionally became lodged in the joint causing pain.

Claimant injured his neck in a 1978 car accident. No surgery was performed. On-going complaints include stiffness, popping, and pain. In 1980, Claimant twisted his low back while lifting 70 pounds at work. Occasionally his back goes out and he has stiffness if he lifts the wrong way.

In 1987, Claimant sustained a work related injury to his right shoulder and Dr. Mannis performed arthroscopic surgery and later reconstructive surgery. He was off work nine to twelve months. Complaints include popping, limited range of motion, decreased strength, and difficulty throwing overhead, and pushing or pulling at work. He relied more on his left hand, although he is right handed. Claimant settled a workers' compensation case for 25 % PPD of the right shoulder.

In 1991, he injured his left shoulder while working and Dr. Maylach provided injections, physical therapy, and arthroscopic surgery. He was off work almost a year. Complaints include left arm weakness, pain, numbness, and difficulty lifting from 1991 to 1995. He relied on his right arm again. Claimant settled a workers' compensation case for 30 % PPD of the left shoulder and a settlement from the SIF for the prior right shoulder and left ankle injuries.

Claimant suffered from depression in 1992. He received therapy three times a week for nine months and took Lexapro.

In 1993, his left knee dislocated and popped; requiring treatment for two weeks. Now, the knee dislocates when walking; however, he has not received additional treatment.

In 1996, Claimant re-injured his left shoulder while working and Dr. Stetson provided conservative care and surgery. Claimant lost half the strength in his shoulder and experienced increased numbness, tingling, and pain from his neck to his arm. Claimant settled a workers' compensation case for 15 % PPD of the left shoulder.

In the late 1990s, Claimant sustained a chest injury when he threw and stacked 30 boxes each weighing 50 pounds. While lifting a box, he felt chest paint. Dr. Morris provided treatment and Claimant missed one month from work. Claimant testified he has pain with every breath which affects his ability to sleep and perform strenuous work. After the chest injury, Claimant decreased the amount of time he spent playing golf.

Despite these injuries, Claimant was able to work 40 hours per week with help from co-employees. Robert Morris, Claimant's lead man, assigned easier jobs such as flagging, watering, and cleaning planes. Co-workers permitted Claimant to perform lighter duties. He frequently turned down overtime due to pain, weakness, and fatigue. Claimant worked full time with no physician imposed restrictions until 2002.

Prior to 2002, Dr. Bly and Dr. Gally prescribed Ambien and Terazone for sleep and pain. He also took Vicodin and Ultram. Co-employees allowed Claimant to perform lighter duties. Claimant worked the less popular jobs; cleaning bathrooms and watering the plane.

Overhead activity was restricted, preventing him from placing the required 10-pound bag on the second shelf of a cart, and he had difficulty holding a folder due to pain.

While working on September 20, 2002, Claimant tripped on a conveyor belt and landed on both hands and knees. Claimant had several scheduled off days after the accident. He returned to work cleaning planes; which was considered light duty. Not feeling better by September 28, 2002, Claimant filed a report of injury with a female supervisor whose name he cannot remember. He sought treatment on September 28, 2002, his last day at work.

Claimant testified he injured both wrists, elbows, and his right shoulder as a result of the September 2002 injury. On December 10, 2002, Dr. Charles Mannis performed right shoulder surgery. Right elbow surge