Employee Patsy Evonne Ellis appeared and testified on her behalf. She is 58 years of age, having been born on April 26, 1949, and lives in Neosho, MO. Ms. Ellis completed the 9th grade; she does not have a G.E.D. She has spent most of her adult career employed in outside sales.
Ms. Ellis was hired by Brad and Laura Erwin d/b/a Tri State Medical Enterprises, Inc. and/or Erwin Medical Supplies and Uniforms in October 2002 as Director of Marketing. Every day she worked on the road visiting clients in Missouri, such as hospitals, nursing homes, doctor's offices and nursing schools, selling medical equipment, uniforms and jewelry. She testified that on Dec. 10, 2004, she was one of six employees employed by Employer. Ms. Ellis testified that on Dec. 10, 2004, she was driving to Cox Monett Hospital, where she was scheduled to host a uniform fair, when she was involved in a motor vehicle crash at the junction of Missouri highways 69 and 400 sometime after 5:20 a.m. near her home. She has no memory of the crash. Police reports indicate Ms. Ellis drove her personal vehicle into a dirt embankment. She was taken by ambulance to Freeman
Medical Center in Joplin, where she underwent CT scans on multiple parts of her body. A CT scan of her abdomen and pelvis revealed transverse process fractures on the right at L4 and L5. A CT scan of her head showed early diffuse cerebral edema associated with a head injury. A CT scan of her right ankle identified a comminuted right ankle fracture/dislocation, including the distal fibula, distal tibia and talus. A CT scan of her left ankle revealed a comminuted calcaneal fracture with lateral displacement of multiple fragments that did extend into the subtalar joint, as well as a distal tibial fracture that included a non-displaced medial malleolar component as well as a posterolateral component. There was evidence of rib fractures and right pneumothorax as well.
Ms. Ellis was treated orthopedically by Drs. Schwab and Smith. Dr. Schwab performed open reduction and internal fixation on both Ms. Ellis' right and left ankles. Dr. Schwab also performed an open reduction and internal fixation for the lateral tibial plateau fracture below her right knee. Dr. Smith performed an open reduction and internal fixation of her calcaneal fracture. During her hospitalization, Ms. Ellis developed hospital-acquired pneumonia associated with her chest trauma. After being released from the hospital, Ms. Ellis received outpatient and in-home care, as well as pain management.
Ms. Ellis testified she is in pain every day, and because of her pain she limits the time she is on her feet and takes pain medication. She is able to ambulate for short periods of time without an assistive device, but she uses a wheelchair if she must walk long distances, such as at the Mall or Wal-Mart. In her kitchen, Ms. Ellis uses a seat with wheels in order to cook because she cannot be on her feet for long periods of time. She has trouble balancing on her feet. She no longer can baby-sit her grandchildren or do outside sales or volunteer work due to her pain and lack of mobility. She, however, currently works as a customer service representative for AT\&T.
Ms. Ellis testified that the majority of her medical bills have been paid by her personal insurance. She also testified she believes her insurance falls under ERISA, and she may be required to pay back her insurance under that federal law. Under cross examination, she admitted, however, she has no personal knowledge of whether her insurance was covered by ERISA, and no person or entity has contacted her about any subrogation interest.
The Second Injury Fund presented SIF Ex. I, an itemized bill provided by Ms. Ellis of bills related to her medical treatment and amounts currently owed. According to the itemized list, she is claiming:
| Provider | Amount | Paid |
| Outstanding |
| Dr. Brent Koprivica (IME) | \$1,250.00 | $\ 1,250.00 | 0 |
| Cherokee County Ambulance | \$803.00 | $\ 803.00 (Farmers Ins.) | 0 |
| METS | \$1,079.00 | $\begin{gathered} \$ 100.00 \text { (Farmers) } \\ \$ 784.00(\mathrm{BC} / \mathrm{BS}) \\ \$ 195.00 \text { (Hospital Contract) } \end{gathered}$ | 0 |
| Dr. Schwab | \$8,226.00 | $\begin{gathered} \$ 3,168.00(\text { Managed Care) } \\ \$ 107.00(\text { Insurance }) \\ \$ 4,951.00 \text { (Man. Care Adjust.) } \end{gathered}$ | 0 |
| Ferrell Duncan Clinic | \$12,307.00 | $\begin{gathered} \$ 6,174.10(\mathrm{BC} / \mathrm{BS}) \\ \$ 5,966.00(\mathrm{BC} / \mathrm{BS} \text { Adj. }) \end{gathered}$ | \$166.90 |
| Mercy Health Systems/ <br> St. Mary's Home Care | \$3,204.50 | $\begin{gathered} \$ 2,102.79 \text { (Health Adv.) } \\ \$ 627.21 \text { (Health Adv. Adj.) } \\ \$ 60.00 \text { (Employee) } \\ \$ 10.00 \text { (Insurance) } \end{gathered}$ | $\ 404.50 |
| Cox South Medical Center/ | $\ 38,237.56 | $\ 25,574.51 (BC/BS) | 0 |
| Cox Walnut Lawn | $\ 12,663.05 (St. Louis Ins.) |
| Freeman Hospital | $\ 99,246.93 | $\ 17,957.73 (Blue Choice) | 0 |
| $\ 80,610.40 (Blue Choice Adj.) |
| $\ 6,788.80 (Farmers) |
| Health South Rehab Center | $\ 1,106.00 | $\ 1,096.00 (Insurance) | $\ 10.00 |
Ms. Ellis had total medical bills in the amount of $\ 165,459.99. Of that total amount, her insurance companies (Blue Cross/Blue Shield, Farmers Insurance, Managed Care, Health Advantage, St. Louis Insurance, and Blue Choice) paid $\ 77,328.98. She personally paid $\ 60 in co-pays. There were insurance adjustments with the health care providers in the amount of $\ 92,349.61. Finally, only $\ 581.40 remains outstanding of