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Woodrow Ward v. Ameren Services

Decision date: November 17, 200916 pages

Summary

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Woodrow Ward, who suffered a thoracic back, right wrist, and right shoulder injury after falling 15 feet from a rooftop on June 16, 2003. The claimant was awarded permanent partial disability compensation totaling $59,837.31 for injuries rated at 25% PPD of the thoracic spine, 22.5% PPD of the right shoulder, and 17.5% PPD of the right wrist.

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Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-059004

Employee: Woodrow Ward

Employer: Ameren Services

Insurer: Corporate Claims Management (Self-Insured)

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Dismissed)

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 July 8, 2009. The award and decision of Administrative Law Judge Suzette Carlisle, issued July 8, 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 $17^{\text {th }}$ day of November 2009.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

AWARD

Employee:Woodrow WardInjury No.: 03-059004
Dependents:N/ABefore the <br> Division of Workers' <br> Compensation
Employer:Ameren ServicesDepartment of Labor and Industrial <br> Relations of Missouri
Additional Party:Second Injury Fund (Dismissed)Jefferson City, Missouri
Insurer:Corporate Claims Management (Self-insured)
Hearing Date:April 16, 2009Checked by: SC

FINDINGS OF FACT AND RULINGS OF LAW

  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: June 16, 2003
  5. State location where accident occurred or occupational disease was contracted: St. Louis City, 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: While working on a rooftop, Claimant fell 15 feet to the ground and injured his right shoulder, wrist and upper back.
  12. Did accident or occupational disease cause death? No
  13. Part(s) of body injured by accident or occupational disease: thoracic back, right wrist and right shoulder
  14. Nature and extent of any permanent disability: 17.5 % PPD of the right wrist, 22.5 % PPD of the right shoulder and 25 % PPD of the thoracic spine
  15. Compensation paid to-date for temporary disability: $\ 20,778.24
  16. Value necessary medical aid paid to date by employer/insurer? $\ 84,822.23
  1. Value necessary medical aid not furnished by employer/insurer? N/A
  2. Employee's average weekly wages: $\ 1,186.80
  3. Weekly compensation rate: $\$ 649.32 / 340.12$
  4. Method wages computation: Stipulated

COMPENSATION PAYABLE

  1. Amount of compensation payable:

Unpaid medical expenses:

$\ 0

175.93 weeks of permanent partial disability from Employer

$\ 59,837.31

  1. Second Injury Fund liability: Dismissed

TOTAL:

$\ 59,837.31

  1. Future requirements awarded: (As outlined in the award)

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: Bradley Cundiff

FINDINGS OF FACT and RULINGS OF LAW:

Employee: Woodrow Ward

Injury No.: 03-059004

Dependents: N/A

Employer: Ameren Service Company

Additional Party: Second Injury Fund (Dismissed)

Insurer: Corporate Claims Management

Before the<br>Division of Workers' Compensation<br>Department of Labor and Industrial<br>Relations of Missouri<br>Jefferson City, Missouri

Checked by: SC

STATEMENT OF THE CASE

A hearing was held for a final award at the Missouri Division of Workers' Compensation ("DWC") St. Louis office at the request of Woodrow Ward ("Claimant"), on April 16, 2009, pursuant to Section 287.450 RSMo (2000). ${ }^{1}$ Attorney Bradley Cundiff represented Claimant. Attorney Loretta Simon represented Ameren Service Co. ("Employer"), which is self-insured through Corporate Claims Management, a third party administrator. Prior to the start of the hearing, the Second Injury Fund was dismissed. The record closed after presentation of evidence. Venue is correct and jurisdiction properly lies with DWC.

Claimant's Exhibits A-M, P-R, and T-Z and Employer's Exhibits 1-7 were admitted. Claimant's Exhibits N, O and S were withdrawn. Any notations contained in the records were present when admitted. Any objections contained in the depositions but not addressed in this award are overruled.

The parties stipulated that on or about June 16, 2003: Claimant was employed by Employer ${ }^{2}$ and sustained an accident that arose out of in the course of employment in St. Louis City; Claimant and Employer operated under the Missouri Workers' Compensation Law; Employer was fully self-insured; Employer received proper notice; a Claim for Compensation was timely filed; Claimant's average weekly wage was $\ 1,186.80; the rate for Temporary Total Disability ("TTD") and Permanent Total Disability ("PTD") was \$649.32; the rate for Permanent Partial Disability ("PPD") was \$340.12; Employer paid \$20,778.24 in TTD benefits (from June 17, 2003 to November 2, 2003 and March 9, 2004 to June 1, 2004); Employer paid \$84,822.23 in medical benefits; and Claimant achieved maximum medical improvement ("MMI") on June 1, 2004.

The parties identified the following issues for disposition: 1 . What is the nature and extent of Employer's liability for permanent partial disability? 2. What is the nature and extent of Employer's liability for permanent total disability? 3. Is Employer liable for past medical expenses totaling $\ 1,191.00 ? 4. Is Employer liable for future medical treatment?

[^0]

[^0]: ${ }^{1}$ All references are to Missouri Revised Statute 2000 unless otherwise noted.

${ }^{2}$ All references to Employer in this award also include the Insurer.

SUMMARY OF EVIDENCE

Claimant was 43 years old at the time of the accident. He completed high school and his favorite subject was math. He attended college for a year and a half at Southeast State University where he majored in business administration. He has been married since 2003 and has one dependent child, Rachel, born in 1991. Claimant served 4 years in the U.S. Air Force repairing portable generators before his honorable discharge. After discharge, he worked for McCarthy, volunteered to help his former wife start a travel agency, worked for a pest control company, apprenticed with Local 2, and worked for Sachs Electric.

In 1994, Employer hired Claimant as a lineman to build and maintain power lines. Also, Claimant worked as a trouble man, first responder, occasional supervisor, and he completed paperwork.

On June 16, 2003, Claimant fell 15 feet from the roof of a single story garage, injuring the right side of his face, shoulder, right wrist and chest, but he did not lose consciousness. He was hospitalized at BJC Hospital for 3 days, and then transferred to St. John's Hospital for treatment for thoracic spine fractures until June 25th. Dr. James Coyle surgically repaired Claimant's right shoulder. Dr. Don Pruett repaired his right wrist in July 2003. He has not seen a doctor for his wrist since Dr. Pruett released him in November 2003.

On November 20, 2003, Claimant returned to work on light duty for half days, and work hardening for half days. Claimant testified driving at work, physical therapy and work hardening caused increased back and neck pain.

On January 26, 2004, the Functional Capacity Evaluation ("FCE") was performed and Claimant testified he missed two days work due to mid back pain caused by pushing carts and climbing ladders during testing. Claimant testified his symptoms increased after the FCE and he stopped working on February 24, 2004 because Employer could not meet his restrictions and he could not perform the work.

Dr. Coyle released Claimant April 13, 2004 with no overhead work or lifting over 10 pounds. On May 21, 2004, the FCE was repeated, but Claimant was unable to finish the test due to back pain and shortness of breath. Claimant experienced severe pain and could not move for several days. Dr. Coyle increased lifting to 30 pounds.

Dr. Haupt did not place permanent restrictions on Claimant's shoulder. Shoulder complaints include irritation from moisture but it feels "pretty good." Dr. Pruett did not place restrictions on Claimant's right wrist. Claimant has occasional wrist irritation. He has not tested the shoulder or wrist very much. Physical therapy and driving increased mid back pain. Back pain is worse since the FCE. Claimant received no relief from trapezius injections. No doctor has recommended back surgery.

Claimant testified his quality of life is "nothing" and his "life is gone" since the work accident. He no longer takes motorcycle vacations, cannot lift weights, walk, play softball, volleyball, golf, bowl, dance, play baseball, shop or go out to dinner, hang Christmas lights or shoot pool. He has gained 25 pounds.

Claimant testified to the following complaints: mid back pain is at least 3/10 all the time. The pain feels like a "foot in his back" and the intensity varies with activity. Standing and sitting increase mid back pain unless Claimant can recline or lie down. He does not sleep more than 6 hours due to pain.

During a road trip to Ohio, Claimant took breaks and shared the driving. After the trip, he laid down because of increased pain. He can use a riding mower, provided he can lie down afterward. Exercise consists of doing laundry and going to the store. He lies on the couch between loads. Claimant washes, dries, sorts and carries 5 to 8 loads of laundry from the basement each week. Claimant cooks for himself, washes dishes, and takes care of his daily needs. Claimant pays bills by hand. He uses two home computers to access internet, play video games, and send emails up to 2 hours per day.

After the accident, Claimant purchased numerous items on EBay, including several motorcycles, clothes, cameras, Christmas items, and a 1965 Mustang. He drove the motorcycles around the block. He made a $\ 1,000.00 profit on two motorcycles he sold and lost money on two motorcycles he sold through a local newspaper. Claimant owns 4 cars and a pickup truck. He regularly plays poker with family, but leaves early or lies down because of pain. He visits the casino 2 to 3 times a year.

Employer has no jobs within Claimant's restrictions. Claimant has not applied for work since he stopped working for Employer. He testified he cannot work because he needs recovery time after any activity. Being in a vertical position increases mid back pain.

Claimant seeks reimbursement for $\ 1,191.00 in medication co-pays, and requests future medication and follow up doctor visits. Currently, Dr. Lucas, Claimant's personal physician, prescribes OxyContin for back pain and Wellbutrin for depression. Claimant testified he cannot get out of bed without it. Claimant testified he has memory problems, feels like he is constantly "drunk, out of control, in la-la land," and has "brain freezes," loss of concentration, and impaired ability to drive or perform deta

Full decision text continues in the plain-text archive copy.

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