Lisa Bowman v. Radnor Holdings, L.P., d/b/a Wincup

Employee: Lisa Bowman

Injury No: 04-092537

Dependents: N/A

Employer: Radnor Holdings, L.P., d/b/a Wincup

Additional Party: None

Insurer: Insurance Company of the State of Pennsylvania

Hearing Date: June 30, 2008

Checked by: RCM/rm

1. Are any benefits awarded herein? Only those already provided; no additional benefits are awarded.
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: June 13, 2004
5. State location where accident occurred or occupational disease was contracted: Higginsville, Lafayette 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
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: Employee bent over to pick debris off floor and as she came up she struck her head on a metal object.
12. Did accident or occupational disease cause death? No

Date of death? N/A

1. Part(s) of body injured by accident or occupational disease: Body as a whole (head)
2. Nature and extent of any permanent disability: zero ( 0 % ) disability of the body as a whole
3. Compensation paid to-date for temporary disability: $\ 9,812.25
4. Value necessary medical aid paid to date by employer/insurer? $\ 9,788.66
5. Value necessary medical aid not furnished by employer/insurer? $\ 0.00

FINDINGS OF FACT and RULINGS OF LAW:

On June 30, 2008, the employee and employer appeared for a final hearing. The Division had jurisdiction to hear this case pursuant to §287.110. The employee, Ms. Lisa Bowman, appeared in person and with counsel, Jerry Kenter. The employer, Radnor Holdings, L.P., d/b/a Wincup (“Wincup”) and its insurer appeared through William G. Belden. The Second Injury Fund was not a party to the case. The issues the parties requested the Division to determine was whether or not Ms. Bowman has reached maximum medical improvement, whether Wincup must reimburse the employee for past medical expenses totaling $6,386.20, whether Wincup must provide the employee with additional medical care, whether the employee is entitled to additional TTD and if the employee has reached maximum medical improvement, the nature and extent of disability, if any. For the reasons noted below, I find that the employee has reached maximum medical improvement, that the requests for additional medical treatment, payments of past medical expenses and TTD are denied and that the employee has not proven she sustained permanent partial disability from the

work-related injury of June 13, 2004.

The parties stipulated that:

- On or about June 13, 2004 ("the injury date"), Wincup was an employer operating subject to Missouri’s Workers' Compensation Law with its liability fully insured by Insurance Company of the State of Pennsylvania;

- Ms. Bowman was Wincup's employee working subject to the law in Higginsville, Lafayette County, Missouri;

- Ms. Bowman sustained an accident arising out of and in the course of her employment with Wincup on the injury date;

- Ms. Bowman both notified Wincup of her injury and filed her claim within the time allowed by law;

- On the injury date, Ms. Bowman's average weekly wage was $\ 420.52, resulting in a compensation rate of $\ 280.35 for both temporary total and permanent partial disability compensation;

- Wincup has paid Ms. Bowman Temporary Total Disability Compensation totaling \$9,812.25 from June 15, 2004 through September 17, 2004, and from December 20, 2004 through May 8, 2005;

- Wincup provided Ms. Bowman with medical care costing \$9,788.66. This sum includes the bills from Lafayette Regional and Mid-America Radiology that are contained in Exhibit B; and

- If Ms. Bowman has reached maximum medical improvement, the nature and extent of disability, if any, is an issue for today's hearing.

The parties requested the Division to determine:

- Whether Ms. Bowman has reached maximum medical improvement?

- Whether Wincup must reimburse the employee for medical expenses totaling $\ 6,386.20 ?

- Whether Wincup must provide the employee with additional medical care?

- Whether Ms. Bowman is entitled to additional TTD from May 9, 2005 through today and into the future until she reaches maximum medical improvement? And,

- If Ms. Bowman has reached maximum medical improvement, then determining whether she has suffered any disability and, if so, the nature and extent of her disability?

Ms. Bowman testified on her own behalf, and called one additional witness, Stacey Bowman. Ms. Bowman also presented the following exhibits, all of which were admitted into evidence without objection:

Exhibit A - Medical records documenting treatment Ms. Bowman received, including the following:

- Higginsville Medical Clinic/Dr. Singh

- Lafayette Regional Health Center

- Dr. Kathryn Hedges

- NYDIC MRI

- Higginsville Physical Therapy

- Kansas City Bone \& Joint

- Dr. Thomas Whittaker

- Dr. Neal Deutch

- Crutchfield Chiropractic, P.C.

- Family Practice Associates/Dr. Pulliam

- The Headache \& Pain Center

- PainCare

- Dr. Vicki Folsom

Exhibit B - Medical bills of Crutchfield Chiropractic, P.C.

Exhibit C - Narrative report of Allen J. Parmet, M.D., dated January 24, 2006

Exhibit D - Medical records since June 16, 2006, including the following:

- Health Center of America/Dr. Ryser

- University of Kansas Medical Center Radiology

- Columbia Center for Neurology \& Multiple Sclerosis/Dr. Batchu

- Midwest Neurosurgery Associates/Dr. Chilton

Exhibit E - Narrative report of Allen J. Parmet, M.D., dated June 20, 2007

Exhibit F - Temporary Award, dated July 5, 2006

Exhibit G - Deposition of Allen J. Parmet, M.D., taken November 21, 2007, including Parmet Deposition Exhibits 1 through 5. After reviewing the transcript, all objections to the introduction of Exhibits 1 through 5 are overruled.

Exhibit H - Deposition of Reginald W. Dusing, M.D., taken June 17, 2008, including Dusing

Deposition Exhibits 1 through 4 and the correction sheet completed by Dr. Dusing. After reviewing the transcript, the objections to the introduction of Exhibit 4 and all questions based on Exhibit 4 are overruled. Exhibit I - Medical bills received by the Employee since June 16, 2006

Although the employer did not call any witnesses, it did present the following exhibits, all of which were admitted into evidence without objection:

Exhibit 1 - Narrative report of Michael E. Ryan, M.D., dated February 24, 2005

Exhibit 2 - Narrative report of Patrick L. Hughes, M.D., dated May 13, 2005

Exhibit 4 - Deposition of Michael E. Ryan, M.D, taken December 18, 2007, including Ryan

Deposition Exhibits 1 through 4

Exhibit 5 - Request for Hearing - Final Award, filed April 18, 2008

The employer offered as Exhibit 3 the narrative report of J. Michael Smith, M.D., dated December 22, 2004. The employee objected to the introduction of the exhibit on the grounds that it was a narrative report addressing nature and extent of permanent partial disability that was furnished to counsel for the employee and was not submitted properly under Section 287.210.7, RSMo., that the deposition of Dr. Smith had not been taken and that Dr. Smith was not present to testify live at the hearing. The Court sustained the objection and Exhibit 3 was not admitted into evidence.

A hearing for a temporary award for this matter was held on June 16, 2006. The Court has been provided the Transcript of Temporary Proceedings, and its file contains the exhibits that were previously admitted into evidence at the hearing of June 16, 2006. The Court takes judicial notice of the Transcript of Temporary Proceedings and the exhibits that were admitted into evidence at the hearing of June 16, 2006.

Based on the above exhibits and the testimony of Ms. Bowman and the other witness, I make the following findings:

Lisa Bowman is 45 years of age, and lives in Higginsville, Missouri. Ms. Bowman finished the 10th grade in high school and never obtained a GED. Ms. Bowman started working at Wincup on November 15, 2002 through a temporary agency, and became a regular employee of Wincup in January 2003. At the time of accident, Ms. Bowman worked as a Pac-Tech, which required her to operate production equipment. Ms. Bowman testified that her job required her to watch eight or nine machines for jams and to change plastic rolls weighing 50-75 pounds.

Ms. Bowman's medical history includes a prior head injury that occurred in childhood, for which Ms. Bowman was unconscious for a week. Transcript of Temporary Proceedings, pp. 20-21. Ms. Bowman also had a medical history of headaches. The medical records of Family Practice Associates document an office visit on March 27, 2003, where Ms. Bowman gave a history of intermittent headaches. See Exhibit A, p.33. On March 27, 2003, Ms. Bowman reported severe headache with vision loss. Id.

On June 13, 2004, Ms. Bowman bent over to pick up Styrofoam from the floor, and as she came up she struck the top of her head on a metal box and fell to the ground. Loss of consciousness was denied. Ms. Bowman testified that at the time of the accident,