Damon Hosick v. Little Tykes Commercial Play Systems, Inc.

Employee: Damon B. Hosick

Injury No. 03-024741 and 03-088603

Dependents: N/A

Employer: Little Tykes Commercial Play Systems, Inc.

Additional Party:

Insurer: Self-insured

(TPA: Corporate Claims Management, Inc.)

Hearing Date: December 11, 2007

Checked by: CS/kh

1. Are any benefits awarded herein? Yes (03-024741); No (03-088603)
2. Was the injury or occupational disease compensable under Chapter 287? Yes (03-024741); No (03-088603)
3. Was there an accident or incident of occupational disease under the Law? Yes (03-024741); No (03-088603)
4. Date of accident or onset of occupational disease? March 10, 2003 (03-024741) \& July 22, 2003 (03-088603)
5. State location where accident occurred or occupational disease contracted: Farmington, St. Francois 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 (03-024741); Denied (03-088603)
8. Did accident or occupational disease arise out of and in the course of the employment? Yes (03-024741); No (03-088603)
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 happened or occupational disease contracted: In injury \#03-024741, the employee alleged that he was emptying water from the parts washer when his wrist popped. In injury \#03-088603, the employee was pulling a heavy mold when his wrist popped.
12. Did accident or occupational disease cause death? No

employment.

1. The employer had notice of employee's accident.
2. The employee's claim was filed within the time allowed by law.
3. The employee's average weekly wage was $\ 663.24, his rate for temporary total disability is $\ 442.16, and his rate for permanent partial disability is $\ 340.12.
4. The employee's injury is medically causally related to the work injury on or about March 10, 2003.
5. The employer has furnished $\ 220.80 in medical aid to employee.
6. The employer has paid no temporary total disability benefits.

1. On or about July 22, 2003, Little Tykes Commercial Play Systems, Inc. was operating under and subject to the provisions of the Missouri Workers' Compensation Act and was a self-insured employer with a third party administrator of Corporate Claims Management, Inc.
2. On or about July 22, 2003, the employee was an employee of Little Tykes Commercial Play Systems, Inc. and was working under and subject to the provisions of the Missouri Workers' Compensation Act.
3. The employee's claim was filed within the time allowed by law.
4. The employee's average weekly wage was $\ 553.20, his rate for temporary total disability is $\ 368.80, and his rate for permanent partial disability is $\ 347.05.
5. The employer has furnished $\ 3,226.06 in medical aid to employee.
6. The employer has paid no temporary total disability benefits.

1. Previously Incurred Medical Aid;
2. Additional Medical Aid;
3. Additional Temporary Total Disability;
4. Nature and Extent; and
5. Liability of the Fund.

1. Accident;
2. Notice;
3. Medical Causation;
4. Previously Incurred Medical Aid;
5. Additional Medical Aid;
6. Additional Temporary Total Disability;
7. Nature and Extent; and
8. Liability of the Fund.

The following exhibits were offered and admitted into evidence:

Employee's Exhibits

A1. Deposition of Dr. Bruce Schlafly with Exhibits A-F dated September 1, 2004;

A2. Deposition of Dr. Bruce Schlafly with Exhibits A-B dated July 13, 2006;

B. Medical Records of Hand Therapy of Chesterfield;

C. Medical Records of Orthopedic Associates, L.L.C.; and

D. Medical Records of Parkland Health Center.

Employer-Insurer's Exhibits

Based on the testimony of Damon B. Hosick ("employee"), the testimony of the witnesses, the medical records and evidence admitted, I find as follows:

The employee graduated from High School in 1992 with 2 years of vocational training in electrical studies. Prior to starting work for Little Tykes Commercial Play Systems, Inc. ("employer") in 2000, the employee worked for Huffy as a line hanger and a paint stripper. Before being employed at Huffy, the employee worked for Wal-Mart, County Mart, Karsch’s Grocery Store, County Mart, Eagle Lake and B \& T Pallet. On cross examination, the employee admitted that he had changed 7 jobs in 9 years prior to starting work with the employer. As part of his job duties with the employer, the employee was required to hang metal parts on the line. While the weight of these parts ranged from a few ounces to 150 pounds, their size ranged from a few inches to 6 feet. The employee typically worked five to six days a week at eight hours per day as needed to complete the orders of playground equipment. On March 10, 2003, the employee was dumping excess water from the parts washer when his wrist snapped and popped. At that time, Marty Allen, the supervisor over paint and weld, was present and witnessed the accident from approximately 20 to 30 feet away. The injury was reported to the employee’s supervisor, Kenny Stricklin, and the employee was taken to Parkland Health Center. After examination and testing, the employee was diagnosed with a sprained right wrist and given Motrin and a split. The employee was initially released with a temporary weight restriction of lifting of no more than 30 pounds and then authorized to return to full work duty on March 15, 2003 (Employee Exhibit D).

At the time of the hearing, the employee testified that he was off work for 10 days due to the March 10, 2003 accident. However, the employee’s time records only indicate that he missed three days of work following the accident and took vacation for the following week (Employer-Insurer Exhibit 12). After his return to work on March 24, 2003, he worked as a line hanger until there was a mass lay off on April 7, 2003. The employee filed his claim for compensation with the Division of Workers’ Compensation regarding the March 10, 2003 injury on April 17, 2003. This claim was assigned injury #03-024741 (Employer-Insurer Exhibit 8). The following day, the employee was examined by his own physician, Dr. Bruce Schlafly, who found no Tinel’s sign over the median nerve. In addition to noting that the Phalen’s test for carpal tunnel was negative at the right wrist, Dr. Schlafly found that all of the flexor tendons of the right hand were working properly despite the employee’s complaints of pain. As a result of the examination, Dr. Schlafly opined that the employee had a case of tendonitis of the right wrist with no definite diagnosis of carpal tunnel established. Finally, Dr. Schlafly noted that the employee had an additional complaint of a click in his shoulder but did not have time to investigate it (Employee Exhibit A-1, Deposition Exhibit B, pag