Geoffrey Sater v. MTC Construction 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 Law. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated March 6, 2009. The award and decision of Administrative Law Judge Matthew D. Vacca, issued March 6, 2009, 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 23rd day of July 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

- 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: Yes

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

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: Injured when lifting steel clamp
3. Did accident or occupational disease cause death? No Date of death?
4. Part(s) of body injured by accident or occupational disease: Shoulder, back

- Nature and extent of any permanent disability: 30\% Right Shoulder, 15\% thoracic back referable to body as a whole

- Compensation paid to-date for temporary disability: $\ 632.62

1. Value necessary medical aid paid to date by employer/insurer? $\ 16,139.80

Employee: Geoffrey Sater

Injury No.: 07-076562

1. Employee's average weekly wages: $\ 1059.20
2. Weekly compensation rate: $\$ 742.72 / \ 389.04
3. Method wages computation: Agreed

1. Amount of compensation payable:

:

129.6 weeks of permanent partial disability from Employer $\ 50,419.58

1. Second Injury Fund liability: None

Total: $\ 50,419.58

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: Jim Sievers

The issues presented for resolution by way of this hearing are the nature and extent of any permanent partial disability to the shoulder as well as medical causation regarding injury to the Thoracic spine and if medical causation is established for the thoracic spine, then the nature and extent of any disability for that injury.

- Claimant is a 33-year-old male, born April 29, 1975 living in Pacific, Missouri and currently receiving unemployment insurance. Claimant last worked for Hanseth Concrete for two days in July 2008 and quit work due to a physical inability to perform the work. Prior to that Claimant was working for the Employer here MTC Construction, as an ironworker on the I-64 or Highway 40 construction project in St. Louis City and County.

- Claimant was working as a training journeyman. Claimant duties involved all aspects of commercial steel erection, including placing girders and beams, removing them from trucks and attaching them to cranes and cables, preparing to and placing them on highway overpasses, other beams, girders, pier caps and other structures requiring steel, all requiring Claimant to climb, weld, lift, bend, stoop, carry and use his back, feet and arms to push, maneuver, set the steel in place, prepare steel generally to receive welds, bolts and layers of concrete.

- He has served in the Marine Corps from 1994 to 1998 and also for several years after in the reserve.

- On the date of the accident on August 7, 2007, Claimant was located 100 feet in the air on a crane manipulating a several hundred pound steel clamp used to lift steel beams. While attempting to lift and move the clamp, Claimant felt and heard a pop in his right shoulder. Claimant’s co-worker Chris Arlt also heard the pop in the right shoulder. Claimant reported the injury and was referred to Barnes Care for initial treatment and evaluation. Claimant was diagnosed with a strain of the right shoulder and was sent for physical therapy.

- While performing his physical therapy Claimant tore his right biceps tendon and was examined by Dr. Lyndon Gross on September 4, 2007. Dr. Gross did and MRI arthrogram and considered a diagnosis of labral tear from the August work injury. An Arthrogram was performed September 7th which documented a complete tear of the proximal biceps tendon and a lump near the elbow. Right shoulder arthroscopy was performed September 19, 2007 with debridement of superior anterior and posterior labral tears, repair of an anterior and posterior labral tear and an open subpectoral biceps tenodesis. Claimant again went through physical therapy.

- Claimant continues to have pain in the right shoulder and arm, lifting it forward and to the side causes an elevation in the pain. Cold and damp causes the right shoulder extremity to ache, any increased activity with the right shoulder produces aggravated pain and continuing symptoms.

- Claimant cannot work overhead or with shoulder rotation. Claimant experiences numbness and tingling from time to time.

- Claimant also had problems focused on his upper back and wanted treatment for it. Employer balked, but because he was a veteran, Claimant got an MRI performed through the Veteran's Administration Hospital on May 8th and a disc bulge or herniation was diagnosed at T7-8 with no compression seen.

- Dr. Musich on behalf of Claimant finds that both the shoulder and the thoracic injury are substantially related to the work accident on August 7, 2007, and estimates the shoulder injury at 40 % permanent partial disability measured at the level of the upper shoulder. Dr. Musich also believes Claimant sustained a 15 % permanent partial disability as a result of the thoracic bulge/disc.

- Dr. Gross the orthopedic surgeon estimates the permanent partial disability of the shoulder at 7 %.

- Dr. Doll finds Claimant also has a 7 % permanent partial disability at the shoulder as the result of the work injury and accident, but he does not find that the thoracic injury is work related but if it were, he would estimate the thoracic injury to be producing 3 % disability of the body as a whole.

- Claimant has sustained a 30\% Permanent Partial Disability at the level of the shoulder as the result of an accident and injury sustained on August 7, 2007.

- Claimant also sustained injury to his thoracic spine that is medically and casually related to that same accident on August 7, 2007. Claimant has chronic mid upper back pain resulting from chronic parathoracic strain and symptomatic T7-8 disc bulging which translate into a 15 % permanent partial disability measured at the level of the body as a whole.

- Claimant was a credible witness who appeared in a suit and tie, well dressed, well groomed, having served his country in the Gulf War and he testified directly, succinctly and most credibly. I believed Claimant when he says that his thoracic back pain relates back to the original injury. That being so, this award issues in Claimant's favor.

Date: $\qquad Made by: \qquad$

Matthew D. Vacca

Administrative Law Judge

Division of Workers' Compensation

A true copy: Attest:

Division of Workers' Compensation