Mickey Snider v. Cooperative Workshop, Inc.

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 8, 1999.
5. State location where accident occurred or occupational disease was contracted: Sedalia, Pettis 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: Slipped on ice on stairs and hurt her right shoulder and her lower back.
12. Did accident or occupational disease cause death? No. Date of death? N/A.
13. Part(s) of body injured by accident or occupational disease: Right shoulder and lower back.
14. Nature and extent of any permanent disability: N/A.
15. Compensation paid to-date for temporary disability: $\ 525.16.
16. Value necessary medical aid paid to date by employer/insurer? $\ 7,851.73.

Employee: Mickey Snider

1. Value necessary medical aid not furnished by employer/insurer? $\ 83,480.37.
2. Employee's average weekly wages: $\ 319.23.
3. Weekly compensation rate: $\ 212.89.
4. Method wages computation: By agreement.

1. Amount of compensation payable: Prior medical bill and future benefits.
2. Future requirements awarded: Medical care.

The parties appeared before the undersigned Administrative Law Judge on July 31, 2008. The Division has jurisdiction to hear this case pursuant to $\S 287.110$ RSMo 2000. The parties provided briefs on the relevant issues on approximately August 18, 2008.

1. The employee and the employer were operating under the provisions of the Workers' Compensation Law on or about March 8, 1999;
2. The employer's liability was insured by Sheltered Workshop Insurance;
3. The employer had notice of the alleged accident and a claim for compensation was timely filed;
4. The Employee's average weekly wage was $\ 319.33;
5. The rate of compensation for temporary total disability was $\ 212.89 and $\ 212.89 for permanent partial disability; and
6. The employer has paid $\ 525.16 in TTD and $\ 7,851.73 in medical benefits to date.

1. Is the employer/insurer liable for claimant's medical care for her back;
2. Did the claimant injure her back when she fell on the stairs in March of 1999;
3. Is the Second Injury Fund liable for a portion of her disability;
4. Is the claimant permanently and totally disabled;

1. Is the employer/insurer responsible for future medical care?

A Incident Report

B Medication List

C Award from Injury No. 02-147690

D Medical Evaluation by Dr. J. Hanson

E Medical Report of Dr. J. Stuckmeyer

F Medical Report of Rehabilitation Expertise L.L.C.

G Medical Records of Dr. S. Butts, PhD.

H Deposition of T. Cordray, M.S. and Exhibits

I Deposition of Dr. J. Hanson and Exhibits

J Deposition of Dr. J. Stuckmeyer and Exhibits

K Medical Records, Volume I

L Medical Records, Volume II

M Medical Records, Volume III

N Medical Bill Summary

O Report of Injury, Dated April 26, 1999

1 Medical Report of Dr. R. Clemens

2 Medical Report of Dr. T. Strouse

3 Medical Records of Dr. R. Hyatt

4 Medical Records of Dr. O. Gronstedt

5 Medical Records of Lab Corp. and Dr. D. Wilson

6 Medical Records of Dr. R. Edwards

7 Patient Intake Form from Headache and Pain Center

8 Medical Report from MidAmerican Neurospine

9 Medical Report from Kansas University Physicians, Inc.

10 Physical Therapy Evaluation from Bothwell Regional Health Center

11 Medical Records

12 Medical Records from Dr. K. Gunter

13 Medical Reports from Dr. R. Edwards.

I Medical Records of Capital City Medical Associates

Mickey Snider (Claimant) is a 52-year-old woman with a General Ed Degree (G.E.D.). She received an associate's degree in business at State Fair Community College in 1995. In 1996, she started work for the Center for Human Services (The Center). It was her job to supervise a crew of clients of The Center. The Center allows its clients, all of which have some mental or physical handicaps, to be employed by local businesses to enhance their life skills and self esteem. Claimant was a supervisor of such a crew at Hayes-Wheels. In that capacity, the crews worked in their plant separating and stacking pallets. Claimant drove a forklift, but spent most of her time supervising the clients. She noted that her charges were hard workers but needed to be supervised so that they would not be injured. On March 8, 1999, she was leaving her place of employment when she slipped on an icy patch on the outdoor stairs and fell. As she was falling, she grabbed the handrail and pulled her shoulder, neck, and back. At first her shoulder seemed to be the most severely injured and the most painful. Later, her neck and back exhibited symptoms of injury.

Claimant's supervisor was notified that Claimant had suffered an injury. On the accident report, Claimant's back and shoulder were indicated. (Cl. Exh. A). Further, Claimant testified that the Report of Injury filed with the Division of Workers' Compensation also indicated injury to back and shoulder. (Cl. Exh. O).

Claimant has a history of assorted health conditions. In 1991, she was diagnosed with fibromyalgia. The fibromyalgia caused her to have upper and lower back pain. (Emp./Ins. Exh. 1, pp1-2). Claimant had a history of lower back pain and headaches dating back to 1997. (Id. at pp3-6; Emp./Ins. Exh. 2, pp1-2).

Prior to the March 1999 injury, Claimant had various treatments for pain in her back and her pre-existing condition of fibromyalgia. Subsequent to the March 1999 injury, she also suffered falls and strains that would not qualify for coverage under workers' compensation. The pain and disabilities of Claimant prior to the March 1999 injury were not significant enough to force her to abandon her emplo