James Karras v. Supervalu, Inc.

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by section 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge 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 the award and decision of the administrative law judge dated February 4, 2009, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge John K. Ottenad, issued February 4, 2009, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 20th day of May 2009.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Before the

Division of Workers' Compensation

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

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

Employer: Supervalu, Inc. (Settled)

Additional Party: Second Injury Fund

Insurer: Old Republic Insurance Co.

C/O Risk Enterprise Management, Ltd. (Settled)

Hearing Date: October 17, 2008

Checked by: JKO

1. Are any benefits awarded herein? No

- Was the injury or occupational disease compensable under Chapter 287? Yes

1. Was there an accident or incident of occupational disease under the Law? Yes

- Date of accident or onset of occupational disease: November 18, 2004

- State location where accident occurred or occupational disease was contracted: St. Louis County

1. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
2. Did employer receive proper notice? Yes
3. Did accident or occupational disease arise out of and in the course of the employment? Yes

- 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: Claimant was a forklift operator for

Employer, who injured his low back and body as a whole when he bent over to pick up a 50-pound case of napkins that had fallen.

1. Did accident or occupational disease cause death? No Date of death? N/A
2. Part(s) of body injured by accident or occupational disease: Body as a Whole-Lumbar Spine

- Nature and extent of any permanent disability: 10 % of the Body as a Whole referable to the Lumbar Spine

1. Compensation paid to-date for temporary disability: $\ 2,836.99
2. Value necessary medical aid paid to date by employer/insurer? $\ 2,932.61

Employee: James Karras Injury No.: 04-129324

1. Value necessary medical aid not furnished by employer/insurer? N/A

- Employee's average weekly wages: Approximately \1,013.85

1. Weekly compensation rate: \ 675.90 for TTD/ $\ 354.05 for PPD
2. Method wages computation: By agreement (stipulation) of the parties

1. Amount of compensation payable:

Employer/Insurer previously settled their risk of liability in this case

1. Second Injury Fund liability:

$\ 0.00

Total:

$\ 0.00

1. 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: C. Dennis Barbour.

On October 17, 2008, the employee, James Karras, appeared in person and by his attorney, Mr. C. Dennis Barbour, for a hearing for a final award on his claim against the Second Injury Fund. The employer, Supervalu, Inc., and its insurer, Old Republic Insurance Co. C/O Risk Enterprise Management, Ltd., were not present or represented at the hearing since they had previously settled their risk of liability in this claim. The Second Injury Fund was represented at the hearing by Assistant Attorney General Levander Smith. At the time of the hearing, the parties agreed on certain stipulated facts and identified the issues in dispute. These stipulations and the disputed issues, together with the findings of fact and rulings of law, are set forth below as follows:

- On or about November 18, 2004, James Karras (Claimant) sustained an accidental injury arising out of and in the course of his employment that resulted in injury to Claimant.

- Claimant was an employee of Supervalu, Inc. (Employer).

- Venue is proper in the City of St. Louis.

- Employer received proper notice.

- The Claim was filed within the time prescribed by the law.

- At the relevant time, Claimant earned an average weekly wage of $\ 1,013.85, resulting in applicable rates of compensation of $\ 675.90 for total disability benefits and $\ 354.05 for permanent partial disability (PPD) benefits.

- Employer paid temporary total disability (TTD) benefits in the amount of $\ 2,836.99.

- Employer paid medical benefits totaling $\ 2,932.61.

- What is the nature and extent of Claimant's permanent partial and/or permanent total disability attributable to this accident?

- What is the liability of the Second Injury Fund?

The following exhibits were admitted into evidence:

A Stipulation for Compromise Settlement for Injury Number 94-097210 between Claimant and Employer

B Medical treatment records of Missouri Orthopaedic Sports \& Trauma Clinic and Premier Care Orthopedics

C Medical treatment records of Dr. R. Evan Crandall

D Stipulation for Compromise Settlement for Injury Number 96-407411 between Claimant and Employer

E Medical treatment records of Parkway Orthopaedic Group, Inc.

F Stipulation for Compromise Settlement for Injury Number 98-141158 between Claimant and Employer

G Medical treatment records from the Supervalu medical dispensary

H Medical treatment records from Christian Hospital dated December 20, 1998

I Certified medical treatment records of Orthopedic and Sports Medicine

J MRIs and X-rays of the low back from Metro Imaging

K Stipulation for Compromise Settlement for Injury Number 01-164857 between Claimant and Employer

L Stipulation for Compromise Settlement for Injury Number 02-122791 between Claimant and Employer

M Medical report of Orthopedic Specialists

N Stipulation for Compromise Settlement for Injury Number 01-091730 between Claimant and Employer

O Medical treatment records of Dr. Kia Swan-Moore

P Medical treatment records of Dr. William Feinstein

Q X-ray reports of the right wrist and hand from The Imaging Center

R Stipulation for Compromise Settlement for Injury Number 04-059841 between

month.

- Claimant testified that he attended University City High School through the eleventh grade but did not complete high school or graduate, because his parents moved to the Parkway School District, and they did not have a coop (work/study) program that would have allowed him to continue to work and attend school. He never obtained a GED and he has had no other formal education.

- In his years working for Employer, Claimant sustained numerous injuries to multiple body parts which have been the subject of medical treatment, surgeries, and Workers' Compensation settlements. (Exhibits A-S) These pre-existing injuries have resulted in Stipulations for Compromise Settlement totaling 12.5\% of the right shoulder (impingement syndrome), 25 % of the right elbow (twice-operated radial head fracture and excision of the radi