Stephen Johnson v. Jefferson City Public Schools

The administrative law judge found that employee's hip condition, including the need for hip replacement surgery, was causally related to employee's work; however, failed to award future medical care for employee's hip condition. The administrative law judge erred in failing to award future medical care for employee's hip as the need for future medical care was established as being reasonably probable through competent, medical testimony. Dr. Volarich specifically addressed the need for future medical care and treatment with regard to employee's hip in his report dated April 3, 2007. Dr. Volarich stated the following:

[T]he hip prosthesis has a life expectancy of somewhere around 15 years, after which time it would need to be removed and replaced. The hip prosthesis can also become infected, loosen or fail which would need to be replaced in an earlier time interval. The decision to perform any additional surgeries on his hip should be made in conjunction with his wishes, progressive symptoms and expert surgical opinion. I would estimate that he would require at least one change out of the hip prosthesis in his lifetime.

The medical evidence clearly establishes that employee will need ongoing medical care and treatment for his hip. As such, pursuant to $\S 287.140$ RSMo, employee is entitled to an award of future medical care and treatment for his hip condition, including any additional hip replacement surgery.

The Commission concludes that the competent and substantial evidence supports a finding that employee is entitled to receive future medical care and treatment reasonably required to cure and relieve him from the effects of his occupational disease of the hip, including any future hip replacement surgery, and this benefit is awarded. As stated above, all remaining findings of fact and conclusions of law are affirmed.

The award and decision of Chief Administrative Law Judge Hannelore D. Fischer issued January 30, 2008, as modified, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this 1st day of October 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: Stephen Johnson

Injury No. 04-140515

1. Weekly compensation rate: $\$ 678.96 / \ 347.05.

- Method wages computation: By agreement.

- Amount of compensation payable: Temporary disability - 15 weeks: \$10,184.40

Permanent disability - 40 % left hip: $\ 28,735.74

Medical Expenses: - $\quad \ 23,833.54

1. Second Injury Fund liability: Deferred.
2. Future Requirements Awarded: None.

Said payments to begin immediately 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: Truman Allen

Employee: Stephen Johnson

Injury No: 04-140515

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: Jefferson City Public Schools

Additional Party:

Insurer: Missouri Retailers Insurance Trust

Checked by: HDF/tmh

The above-referenced workers' compensation claim was heard before the under-signed administrative law

judge on December 6, 2007. Memoranda were submitted by January 2, 2008.

The parties stipulated that the claimant, Stephen Johnson, was employed by the Jefferson City Public Schools on February 28, 2004. The employer, the Jefferson City Public Schools, was operating under the provisions of Missouri's Workers' Compensation Law and workers' compensation liability was insured by the Missouri Retailers' Insurance Trust. A Claim for Compensation was timely filed. The agreed upon compensation rate pertaining to the date of accident is $\ 678.96 per week for temporary disability benefits and $\ 347.05 per week for permanent disability benefits. No disability benefits have been provided and no medical aid has been provided.

It is my understanding that the issues to be resolved by hearing are 1) the occurrence of an occupational disease, 2) whether the alleged occupational disease arose out of and in the course of employment, 3) whether appropriate notice was provided, 4) the medical causation of the injuries alleged, 5) the liability of the employer/insurer for medical expenses, 6) the liability of the employer/insurer for temporary disability benefits from August 2, 2005, through November 14, 2005, 7) the nature and extent of permanent disability, and 8) the liability of the employer for future medical treatment.

The issue of Second Injury Fund liability is deferred.

The claimant, Stephen Johnson, was 59 years old as of the date of the hearing. From 1973 through 2005, Mr. Johnson was employed by the Jefferson City School District as a physical education teacher at the high school, as well as an assistant football coach and head wrestling coach since 1976. Mr. Johnson was an active and successful wrestling coach and to this day holds the record as the coach with the second most wins in wrestling in the state of Missouri.

Specifically, Mr. Johnson worked with the heavier wrestlers during wrestling season, which lasted from the beginning of November through the end of February. Mr. Johnson described the objective in wrestling as taking your opponent from a standing position to the mat; a great deal of hip pressure is applied to accomplish this. The "grapevine" maneuver in wrestling, as described by Mr. Johnson, utilizes the leg from hip to knee to take down an opponent, in Mr. Johnson's case this would always be his left leg; this was a maneuver commonly utilized by Mr. Johnson in teaching and showing wrestlers how to compete successfully with a heavier opponent. Another popular wrestling maneuver described by Mr. Johnson is the "takedown", involving explosion and power from the hips. Mr. Johnson also coached football, both blocking and tackling. Again, Mr. Johnson described the hips as "doing the hitting" when blocking. As a physical education teacher Mr. Johnson would demonstrate what he taught, including basketball, golf and badminton. Mr. Johnson is claiming that his years of coaching wrestling and football as well as his years of teaching injured his left hip and left knee.

Mr. Johnson testified to a left knee injury when he was in college. In addition, Mr. Johnson had early degenerative arthritis diagnosed in both knees during the 1990's by Dr. James Leslie, a local orthopedic surgeon.

Mr. Johnson gave up coaching football at the end of the 2002 season; Mr. Johnson gave up wrestling when the season ended in February of 2004. It was sometime around the time that Mr. Johnson gave up his position as wrestling coach that he learned from Dr. Snyder that there was a connection between his activities on behalf of the high school and his left hip pain. Mr. Johnson notified the school district of his claim in June of 2004; Mr. Johnson quit teaching on a full-time basis in 2005; in August of 2005, Dr. Sonny Bal performed left hip replacement surgery.

Mr. Johnson described his pro