Jamie Scott v. Midamerica Hotels Corporation

Employee: Jamie Scott

Departments: N/A

Employer: Midamerica Hotels Corporation

Additional Party: Second Injury Fund (Open)

Insurer: Self-Insured C/O CMI

Hearing Date: July 9, 2009

Injury No.: 06-092399

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

Checked by: JKO

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: September 14, 2006
5. State location where accident occurred or occupational disease was contracted: St. Louis County
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: Claimant was employed as a restaurant server for Employer, when she developed bilateral upper extremity (wrist and hand) complaints as a result of her repetitive hand-intensive work in this position.
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 and left hands and wrists
14. Nature and extent of any permanent disability: N/A
15. Compensation paid to-date for temporary disability: $\ 0.00
16. Value necessary medical aid paid to date by employer/insurer? $\ 0.00

Employee: Jamie Scott

1. Value necessary medical aid not furnished by employer/insurer? $\ 0.00
2. Employee's average weekly wages: $\ 209.83
3. Weekly compensation rate: $\ 139.89 for TTD/\$139.89 for PPD
4. Method wages computation: By agreement (stipulation) of the parties

1. Amount of compensation payable:

See body of the award and future requirements section below

1. Second Injury Fund liability: Open

1. Future requirements awarded: Continued and ongoing medical care for Claimant's bilateral carpal tunnel syndrome, including but not limited to surgery, to cure and relieve her of the effects of the injury, as well as potentially the future payment of TTD benefits until Claimant is placed at maximum medical improvement, as explained in the body of the award.

Each of said payments to begin immediately and to be payable and be subject to modification and review as provided by law. This award is only temporary or partial, is subject to further order, and the proceedings are hereby continued and the case kept open until a final award can be made.

IF THIS AWARD IS NOT COMPLIED WITH, THE AMOUNT AWARDED HEREIN MAY BE DOUBLED IN THE FINAL AWARD, IF SUCH FINAL AWARD IS IN ACCORDANCE WITH THIS TEMPORARY AWARD.

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: Joseph Monticello.

Employee: Jamie Scott

Dependents: N/A

Employer: Midamerica Hotels Corporation

Additional Party: Second Injury Fund (Open)

Insurer: Self-Insured C/O CMI

Injury No.: 06-092399

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: JKO

On July 9, 2009, the employee, Jamie Scott, appeared in person and by her attorney, Mr. Joseph Monticello, for a hearing for a Temporary or Partial Award on her claim against the employer, Midamerica Hotels Corporation, which is self-insured C/O CMI. The employer, Midamerica Hotels Corporation, which is self-insured C/O CMI, was represented at the hearing by its attorney, Ms. Elizabeth Barringer. The Second Injury Fund is a party to this case but was not represented at the hearing since the issues to be addressed in this Temporary or Partial Award did not involve the Second Injury Fund. The Second Injury Fund case is being left open by agreement of the parties. At the time of the hearing, the parties agreed on certain stipulated facts and identified the issues in dispute. These stipulations and the disputed issues, together with the findings of fact and rulings of law, are set forth below as follows:

1) On or about September 14, 2006, Jamie Scott (Claimant), has alleged an occupational disease claim.

2) Claimant was an employee of Midamerica Hotels Corporation (Employer).

3) Venue is proper in the City of St. Louis.

4) Employer received proper notice.

5) The Claim was filed within the time prescribed by the law.

6) At the relevant time, Claimant earned an average weekly wage of $\ 209.83, resulting in applicable rates of compensation of $\ 139.89 for total disability benefits and $\ 139.89 for permanent partial disability benefits.

7) Employer has not paid any benefits to date.

1) Did Claimant sustain an occupational disease?

2) Did the occupational disease arise out of and in the course of employment?

3) Are Claimant's injuries and continuing complaints medically causally connected to her alleged occupational disease at work?

4) Is Employer liable for future medical care?

5) Is Claimant entitled to future TTD benefits?

The following exhibits were admitted into evidence:

A. Deposition of Dr. Bruce Schlafly, with attachments, dated June 11, 2008

1. Deposition of Dr. R. Evan Crandall, with attachments, dated August 5, 2008

Based on a comprehensive review of the evidence, including Claimant's testimony and the expert medical opinions and depositions, as well as my personal observations of Claimant at hearing, I find:

1) Claimant is a 24-year-old restaurant server, who has worked for Midamerica Hotels Corporation (Employer) at the Holiday Inn since September 2004. She worked for Employer full time, an average of 8 hours per day for 5 days per week, prior to September 2006. Claimant testified that she generally worked from 5:30 a.m. to 1:30 p.m. during the breakfast and lunch rush periods. However, now she is only working part-time, a couple of days per week, because she just had a baby. She has not worked anywhere else since she began her employment with Employer. Her hourly rate of pay is $\ 2.50 per hour plus tips.

2) Claimant's job duties for Employer generally involved typical restaurant server activities. She said that she would start the day by making coffee in a large coffee

urn. She would then start the process of stocking up the stations for the breakfast rush. This involved putting juice, milk, bread, butter and syrup on a cart and bringing it to the front from the dry storage and the cooler. She would then unload these various items at the waitress station. She would place creamers in the baskets and put the baskets on each table. She then rolled silverware for approximately 64 settings. When guests arrived, she would serve them their food and then bus the tables after they were finished eating. She testified that the breakfast rush ran from approximately 6:00 a.m. to 8:00 or 9:00 a.m. After the breakfast rush was over, she would start putting everything away to get ready for the lunch rush, including wiping tables and other activities. She did not perform any dishwashing, but she did have to take the dirty dishes back to the kitchen on a tray so that they could be washed. Claimant testified that she carried the trays with her left hand flat and her right hand holding it up on the side to provide support. She testified that lunch usually consisted of serving salads, soups, etc. to the "bridge ladies" who came to the restaurant, ate and played bridge.

3) On cross-examination, Claimant admitted that the volume of customers she has varies from day to day. She described a typical day as waiting on approximately 80-90 customers. She testified that a slow day was approximately 60 customers. She estimated that 40-50 % of each workday involved carrying the trays to and from the tables, and about 20 % of each workday was rolling silverware. She estimated that over the course of the day, she might roll anywhere from 250-300 silverware sets.

4) Claimant testified that she first noticed problems with her hands in September 2006. She said that she was waking up with a tingling feeling from her palm up into her first two fingers and then she would also notice some pain that traveled up the arm into the neck.

5) Claimant testified that she reported her hand symptoms to Employer and she was eventually sent to the doctor. The only time she missed work for her hand symptoms was when she was sent to the doctor. She described her symptoms as constant since September 2006, and she testified that she had more trouble with the left hand than the right hand.

6) In terms of other injuries or accidents she has had, Claimant testified that she fractured her left wrist when she was nine or ten years old. She said the wrist was casted, but she had no other treatment for it since the cast was removed. Claimant admitted that she was involved in a motor vehicle accident in March 2009, but she denied that she had ever been involved in such an accident before that time. She testified that she received treatment for her neck for whiplash at the hospital the night of the accident, but that was all the treatment she received for the accident. Claimant admitted that she is on Medicare for disability related to ulcerated colitis. She has treated for this condition since she was 13 years old. She testified that she takes regular medication, sulfasalazine, an anti-inflammatory, to treat her ulcerated colitis.

7) Claimant was examined by Dr. R. Evan Crandall (Exhibit 1) at Employer's request on October 17, 2006. Claimant provided a history of the onset of her bilateral hand and wrist complaints a couple of months prior to the examination, with a worsening

of those complaints on September 15, 2006. Claimant reported her complaints as night numbness, numbness during the day, a burning feeling in the hands, and pain into th