Richard Bigham v. Building Technology Engineers, Inc.

The above-entitled workers’ compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by section 287.480 RSMo, which provides for review concerning the issue of liability only. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commission finds that the award of the administrative law judge in this regard 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 and adopts the award and decision of the administrative law judge dated December 27, 2007.

This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of section 287.510 RSMo.

The award and decision of Administrative Law Judge R. Carl Mueller, issued December 27, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 29th day of May 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Injury No.: 02-121116

Employee: Richard Bigham

Employer: Building Technology Engineers, Inc.

Insurer: American Casualty Company of Reading, PA

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Open)

Date of Accident: June 1, 2002

Place and County of Accident: Kansas City, Jackson County, Missouri

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by section 287.480 RSMo, which provides for review concerning the issue of liability only. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commission finds that the award of the administrative law judge in this regard 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 and adopts the award and decision of the administrative law judge dated December 27, 2007.

This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of section 287.510 RSMo.

The award and decision of Administrative Law Judge R. Carl Mueller, issued December 27, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 29th day of May 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

(Affirming Award and Decision of Administrative Law Judge)

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by section 287.480 RSMo, which provides for review concerning the issue of liability only. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commission finds that the award of the administrative law judge in this regard 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 and adopts the award and decision of the administrative law judge dated December 27, 2007

This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of section 287.510 RSMo.

The award and decision of Administrative Law Judge R. Carl Mueller, issued December 27, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 29th day of May 2008.

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: Richard Bigham

Injury Nos: 02-082811

02-121116

03-141532

Dependents: N/A

Employer: Building Technology Engineers Inc.

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

Insurer: American Casualty Company of Reading, PA

Hearing Date: November 19, 2007

Briefs Filed: December 04, 2007

Checked by: RCM/rm

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 1, 2002 (02-082811), June 1, 2002 (02-121116), and September 22, 2003 (03141532).
5. State location where accident occurred or occupational disease was contracted: 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? Not applicable; pre-August 28, 2005 claims.
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

1. Was employer insured by above insurer? Yes
2. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee's repetitive work with his upper extremities resulted in bilateral shoulder injuries as well as carpal tunnel syndrome.
3. Did accident or occupational disease cause death? No Date of death? N/A
4. Part(s) of body injured by accident or occupational disease: Bilateral upper Extremities
5. Nature and extent of any permanent disability: Not Determined
6. Compensation paid to-date for temporary disability: None
7. Value necessary medical aid paid to date by employer/insurer? None
8. Value necessary medical aid not furnished by employer/insurer? N/A
9. Employee's average weekly wages: Not Determined
10. Weekly compensation rate: 02-082811: \$628.90/\$329.42; 02-121116: \$628.90/\$329.42; 03-141532: \$662.55/\$347.05
11. Method wages computation: By stipulation
12. Amount of compensation payable: None
13. Second Injury Fund liability: None
14. Future requirements awarded: All medical treatment as may reasonably be required to cure and relieve Mr. Bigham from the effects of his injuries.

- The parties stipulated that:

- On or about September 22, 2003 (“the injury date”), Building Technology Engineers, Inc. (“BTE”) was an employer operating subject to Missouri’s Workers’ Compensation law with its liability fully insured by American Casualty Company of Reading, PA.;

- Mr. Bigham was its employee working subject to the law in Kansas City, Jackson County, Missouri;

- Mr. Bigham notified BTE of his alleged injury and filed his claim within the time allowed by law; and

- BTE has not provided Mr. Bigham with any benefits under the applicable Missouri Workers’ Compensation statues.

- Mr. Bigham earned an average weekly wage sufficient to qualify for the maximum compensation rates for both temporary total and permanent partial disability benefits.

ISSUES

The parties requested the Division to determine:

- Whether Mr. Bigham sustained an occupational disease arising out of and in the course of his employment?

- Whether BTE/American Casualty Company of Reading, PA is liable for additional medical care?

Mr. Bigham testified on his own behalf and presented the following exhibits, all of which were admitted into evidence without objection:

BTE/ American Casualty Company of Reading, PA did not present any additional evidence.

Based on the above exhibits and the testimony of Mr. Bigham, I make the following findings.

Mr. Bigham is a 57 year-old male who currently resides in Independence, Missouri. Mr. Bigham's chosen profession is and for the last 30 years has been an operating engineer. Mr. Bigham has performed his occupation at 2435 Grand, Jackson County, Missouri since essentially the building's creation approximately 30 years ago.

As an Operating Engineer, Mr. Bigham is in essence the building's handy man. Mr. Bigham testified his job duties included various tasks such as: repairing equipment; performing electrical work; repairing plumbing; repairing

air conditioning duct work; replacing light bulbs; unloading shipments of various supplies; mopping work areas; snow removal; irrigation system repair; and tenant maintenance. In performing these tasks, Mr. Bigham often used a variety of different hand tools which required him to repetitively move and use his upper extremities. For example, he used: screw drivers; nut drivers; ratchets; hammer drills; and rivet guns. Mr. Bigham test