Stephanie Meyer-Linquist v. Shughart, Thomson & Kilroy

(Affirming Award and Decision of Administrative Law Judge)

Imjury No.: 99-091115

Employee: Stephanie Meyer-Linquist

Employer: Shugart, Thomson \& Kilroy

Insurer: Federal Insurance Company

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 August 12, 2008. The award and decision of Chief Administrative Law Judge Kenneth J. Cain, issued August 12, 2008, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this 1st day of July 2009.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: Stephanie Meyer-Linquist

Injury No. 99-091115

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

Employer: Shughart, Thomson \& Kilroy

Insurer: Federal Insurance Company

Additional Party: N/A

Hearing Date: May 21, 2008; final briefs filed July 14, 2008

Checked by: KJC/pd

- Are any benefits awarded herein? Yes.

1. Was the injury or occupational disease compensable under Chapter 287? Yes.
2. Was there an accident or incident of occupational disease under the Law? Yes.
3. Date of accident or onset of occupational disease: January 1999.
4. State location where accident occurred or occupational disease was contracted: Kansas City, Jackson County, Missouri.
5. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
6. Did employer receive proper notice? Yes.
7. Did accident or occupational disease arise out of and in the course of the employment? Yes. (See additional findings of fact and rulings of law)
8. Was claim for compensation filed within time required by Law? Yes.
9. Was employer insured by above insurer? Yes.
10. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee, while in the course and scope of his employment as a legal assistant for Shughart Thomson law firm was required to use her hands and arms in a repetitive manner. As a result of doing keyboard work in a repetitive manner for 6 hours per day for several weeks, she developed right carpal tunnel syndrome. Employee also sustained other impairments as a result of authorized treatment.
11. Did accident or occupational disease cause death? No. Date of death? N/A
12. Part(s) of body injured by accident or occupational disease: Right hand and wrist, right eye, neck and

body as a whole.

14.. Nature and extent of any permanent disability: Right carpal tunnel syndrome, Horner's syndrome of right eye, hemilaminectomy from C 4 to C 7 .

1. Compensation paid to-date for temporary disability: $\ 81,051.39
2. Value necessary medical aid paid to date by employer/insurer? $\ 610,774.12.
3. Value necessary medical aid not furnished by employer/insurer? Undetermined.

- Employee's average weekly wages: $\ 705.62.

- Weekly compensation rate: $\$ 470.43 / \ 294.73

- Method wages computation: By agreement of the parties..

1. Amount of compensation payable:

Unpaid Medical expenses: Undetermined; See additional Findings of Fact and Rulings of Law.

200 weeks of permanent partial disability benefits @ $\ 294.73 per week $=\ 58,946

See additional findings of Fact and Rulings of Law for temporary total disability benefits owed. Employer is granted a credit for the $\ 81,051.29 previously paid.

0 weeks awarded for disfigurement.

1. Second Injury Fund liability: None

TOTAL: See additional Findings of Fact and Rulings of Law.

1. Future requirements awarded: See additional Findings of Fact and Rulings of Law.

Said payments to begin as of date of award 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 percent of $\ 58,946 in favor of the following attorney for necessary legal services rendered to the Claimant as well as 25 percent of the value of all future medical benefits awarded: Mr. Frederick Bryant

Prior to the hearing, the parties entered into various admissions and stipulations. The remaining issues were as follows:

- whether the Employee sustained an occupational disease arising out of and in the course and scope of her employment;

- liability of the Employer for $26,141.80 for past temporary total disability benefits;

- liability of the Employer for $6,899.14 based on an alleged underpayment of temporary total disability benefits;

- liability of the Employer for future medical benefits;

- the nature and extent of the disability sustained by the Employee;

- whether in the past the Employee was noncompliant with her medical treatment pursuant to Section 287.140.5 and whether the alleged noncompliance was an unreasonable refusal and whether the alleged unreasonable refusal enhanced, aggravated or increased the Employee’s need for medical treatment or disability; and

- whether the Employer is entitled to a credit for temporary total disability benefits paid during those periods the Employee was allegedly working and receiving temporary total disability benefits.

At the hearing, Ms. Stephanie Meyer-Linquist (hereinafter referred to as Claimant) testified that she was born on May 11, 1970 and that she had B.A. degree in criminal justice from the University of Missouri-Kansas City. She also stated that she had taken computer courses and been trained as a certified fraud examiner and private investigator.

Claimant testified that she had worked as a checker at a grocery store, receptionist at a law firm, secretary, paralegal, private investigator and that she had done bail bonding work. She stated that in September 1998 she was hired as a legal secretary for the law firm of Shughart, Thomson & Kilroy (hereinafter referred to as STK). She stated that her job at STK required her to transcribe tapes, prepare pleadings, answer the telephone, file, enter time sheets and do trial preparation work. She stated that she transcribed tapes about 6 hours a day.

Claimant testified that her workstation was modified in January 1999. She indicated that afterwards the equipment on her desk was further back from the seat and that her keyboard was about shoulder level, requiring her to sit on her legs and to reach up to shoulder height to type.

Claimant testified that after about a month of working at her new work station she began to develop tingling and numbness in her fingers at night and pain and a pinched nerve type feeling in her shoulders. She stated that she had a dull ache in her elbows.

Claimant testified that she had been under treatment for her injuries since April 1999. She admitted that in 1990 she had bilateral carpal tunnel releases but indicated that she was not experiencing any problems with her hands and wrists when she went to work for STK.

Claimant testified that she had not experienced any shoulder, neck or psychological problems prior to September 1998. She admitted that she was on medication for depression in 1998 when she had a hysterectomy, her father died and she was involved in divorce proceedings. She stated that she stopped taking the medication in April 1998.

Claimant also admitted that she was involved in a WaveRunner accident in the summer of 1999 when it flipped over and tossed her into the lake. She admitted that she experienced generalized pain all over her body after the accident. She stated that she was not prescribed any additional therapy due to any injuries she sustained in the accident.

Claimant testified that STK paid for her carpal tunnel release surgery in September 1999. She also stated that she quit her job at STK in September 1999 and began working as a private investigator for Pinkerton Investigations. She stated that as a private investigator she did workers' compensation surveillance in alleged fraud cases, patent infringement work, and that she worked on cases involving the illegal use of computer software. She stated that the surveillance jobs lasted from four to twelve hours. She stated that she did a substantial amount of driving which aggravated her upper extremity complaints.

Claimant admitted that she worked part-time at Gilio Bail Bonding at the same time as her employment as a private investigator. She stated that she did paperwork duties for the bonding company but did not apprehend alleged criminals. She stated that she was still receiving physical therapy during that period.

Claimant testified that STK next referred her to Dr. Finley, who diagnosed her condition as thoracic outlet syndrome. She stated that Drs. Satterlee and Stark agreed with the diagnosis. She stated that on May 23, 2000, Dr. Stark, a vascular surgeon and another authorized physician, performed surgery for the thoracic outlet syndrome in the form of a right rib resection.

Claimant testified that the surgery did not improve her condition. She stated that she woke up in the recovery room in extreme pain. She stated that her right arm was numb due to the anesthetic. She stated that she was next referred to a neurologist who ordered a total of 20 stellate blocks in her neck. She stated that the blocks only provided temporary relief. She stated that she was diagnosed with reflex sympathetic dystrophy (RSD).

Claimant testified that in July 2000 Dr. Stark performed a cervical sympathectomy on her and that during the procedure he cut the nerves to her arm. She stated that her pain became almost unbearable. She stated that she developed Horner's syndrome or a droopy eye.

Claimant testified that her doctor then recommended a spinal cord stimulator. She stated that he inserted an epidural catheter in her back which became infected and that she developed a cervical abscess from C2 to C7 causing temporary paralysis from her neck down her right side.

Claimant testified that Dr. Reintjes, a neurosurgeon, performed a hemilaminectomy to remove the abscess. She stated that the surgery by Dr. Reintjes was her fourth and that all of the surgeries were by authorized treating doctors.

Claimant testified that in 2001 her employer authorized pain management treatment with Dr. Simon. She stated that she sought a second opinion on her own with Dr. Charapata, a pain management specialist. She stated that both doctors were treating her at the same time. She admitted that both were prescribing medications for her and that neither knew about the other doctor's prescriptions. She denied that she took the medications as prescribed by both doctors, but she admitted that she got the prescriptions filled.

Claimant testified that Dr. Charapata implanted the spinal cord stimulator and later an intrathecal morphine pump. She stated that her workers' compensation insurer approved the pump. She stated that the pump later dislodged necessitating another surgery and that she developed an infection at the pump's site. She stated that she was still using the pump but not getting morphine through it.

Claimant testified that she was still taking the Actiq suckers initially prescribed by Dr. Simo