James Andrews v. City of Glendale

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, read the briefs, heard oral argument, 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 October 16, 2008.

The award and decision of Administrative Law Judge Margaret D. Landolt, issued October 16, 2008, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 24th day of June 2009. LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member Attest:

Secretary

1. Are any benefits awarded herein? Yes
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: March 11, 2004
5. State location where accident occurred or occupational disease was contracted: St. Louis 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 was fighting a fire when he fell into a fish pond
12. Did accident or occupational disease cause death? No
13. Part(s) of body injured by accident or occupational disease: Body as a whole
14. Nature and extent of any permanent disability: 12-1/2% of the body as a whole referable to the cervical and lumbar spine
15. Compensation paid to-date for temporary disability: $4,480.58
16. Value necessary medical aid paid to date by employer/insurer? $11,835.48

1. Value necessary medical aid not furnished by employer/insurer? None
2. Employee's average weekly wages: unknown
3. Weekly compensation rate: $\$ 662.55 / \ 347.05
4. Method wages computation: Stipulation

COMPENSATION PAYABLE

1. Amount of compensation payable:

50 weeks of permanent partial disability from Employer \$17,352.50

1. Second Injury Fund liability: Yes

34.2 weeks of permanent partial disability from Second Injury Fund \11,869.11

Total: \quad \ 29,221.61

1. Future requirements awarded: None

Said payments to begin 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: Mr. Dean L. Christianson

Employee: James Andrews

Injury No.: 04-025439

Dependents: N/A

Before the

Division of Workers'

He testified it affected him at work because it made it difficult for him to hear the radio. In addition, he has difficulty hearing his wife speak.

In 1999, Claimant saw Dr. Stahle for several months for neck and back complaints arising out of a work accident. Claimant was in full gear, and tripped over a curb. After a short course of medication and physical therapy, Claimant returned to full duty.

Claimant saw Dr. Rickmeyer, his primary care physician, in October 2000 with complaints of back pain. Dr. Rickmeyer diagnosed low back pain status post laminectomy, and prescribed several medications.

Claimant returned to Dr. Stahle in December 2000 after injuring his back while on a ladder. Dr. Stahle diagnosed back pain, and ordered an MRI which revealed postoperative and degenerative changes with mild disc space abnormalities at several levels. There was minimal disc bulging at L3-4 with no stenosis identified. At L4-5 and L5S1 there was mild diffuse disc bulge with associated enhancing scar tissue, and no stenosis identified.

Dr. Stahle thought Claimant had degenerative disk problems, and felt Claimant had an acute flare-up of preexisting problems. Dr. Stahle did not find his problems to be related to his October, 1999 injury, but rather were related to his 1992 back injury. Dr. Stahle stated "he (Claimant) will have back trouble, but most of it is pre-existing and arthritic in nature." Dr. Stahle prescribed medications and physical therapy in an effort to calm his acute process down back to his baseline, and returned Claimant to full duty. In January, 2001 Dr. Stahle found Claimant to be back at baseline.

In 2002, Claimant injured his right shoulder which ultimately led to surgery in 2003. Claimant underwent a right shoulder arthroscopy, with debridement of labral and rotator cuff fraying, a subacromial decompression, and distal clavicle excision. The post operative diagnosis was right shoulder pain, secondary to subacromial impingement, symptomatic acromioclavicular joint degenerative arthritis. Following his surgery Claimant was released to full duty.

On March 11, 2004, Claimant was called to the scene of a house fire. Claimant was in the back of the house, and fell into a fish pond while wearing his full gear. After a struggle, he was able to get out of the pond, and felt immediate pain in his back. Claimant reported the accident, and was referred to Dr. Stahle on March 15, 2004. Claimant complained of neck, back and knee pain. Dr. Stahle diagnosed neck and back pain, and a knee strain. He took Claimant off work for one week, and prescribed medication and physical therapy. Claimant returned for a follow up visit on March 22, 2004. Dr. Stahle diagnosed neck pain, recommended Claimant continue taking antiinflammatories, and released Claimant to full duty on March 25, 2004.

Cervical and Lumbar MRIs were performed on March 26, 2004. The cervical MRI was normal. The lumbar MRI showed lumbar spondylosis with moderately bulging, degenerative disc at L4-5 and moderately bulging, degenerative and atrophic disc at L5-S1 with marginal sclerosis. There was slight central stenosis at those two levels with no disc extrusion.

After reviewing the MRIs, Dr. Stahle did not believe Claimant to be a surgical candidate. He diagnosed neck and back pain, and recommended epidural steroid injections. Dr. Stahle kept Claimant on light duty, and recommended he obtain a second opinion on his pain.

Claimant first saw Dr. Chabot on May 7, 2004 complaining of back pain radiating into the right leg, aggravated with more vigorous activities with numbness and tingling involving the top of the right foot. Dr. Chabot recommended an MRI which revealed evidence of advanced disc degeneration involving the lumbar spine with no evidence of specific neural compression. He allowed Claimant to return to work with no lifting more than 35 pounds. He recommended physical therapy, Vicodin for pain, and Soma for muscle spasm. Claimant continued to follow up with Dr. Chabot, who recommended selective nerve root injections at L4 and L5 on the right. On June 2, 20004, Dr. Chabot noted Claimant's symptoms had improved 65 % with injections and therapy. His impression at that time was resolving neck and back pain. He allowed Claimant to return to work limited duty with no lifting more than 60

pounds.

Claimant attended Work Hardening, and was able to perform in the heavy lifting category. On July 30, 2004 Dr. Chabot found Claimant to be at MMI and did not believe Claimant sustained any PPD.

On August 16, 2004, Claimant saw Dr. Rickmeyer complaining of low back pain after falling in a pond. Dr. Rickmeyer diagnosed low back str