Tia Galloway v. Petit Jean Poultry, Inc.

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 06-107292

Employee: Tia Galloway

Employer: Petit Jean Poultry, Inc. (Settled)

Insurer: Liberty Mutual Insurance Company (Settled)

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

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 January 5, 2010, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Victorine R. Mahon, issued January 5, 2010, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $29^{\text {th }}$ day of July 2010.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Issued by the Missouri Division of Workers’ Compensation

Employee: Tia Galloway

Employee: Tia Galloway

Injury No. 06-107292

Dependents: N/A

Employer: Petit Jean Poultry, Inc. (settled)

Address: 2000 W. 1st Street, M. 10th Street, MIL-STEVE, MO 63101

www.epitjeanpoultry.com

Additional Party: Treasurer of Missouri, as custodian of the Second Injury Fund

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Insurer: Liberty Mutual Insurance Co. (settled)

Hearing Date: November 12, 2009

Checked by: VRM/db

1. Are any benefits awarded herein? No.
2. Was the injury or occupational disease compensable under Chapter 287? No.
3. Was there an accident or incident of occupational disease under the Law? No.
4. Date of accident or onset of occupational disease: Alleged June 28, 2006.
5. State location where accident occurred or occupational disease was contracted: Buffalo, Dallas 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: Claimant alleged she contracted MRSA in the left breast as a result of her exposure to cold water while working at the poultry processing plant.
12. Did accident or occupational disease cause death? No. Date of death? N/A

1. Part(s) of body injured by accident or occupational disease: Alleged left breast and an aggravation of preexisting psychological conditions.
2. Nature and extent of any permanent disability: Settled with employer and its insurer.
3. Compensation paid to-date for temporary disability: Not applicable.
4. Value of necessary medical aid paid to date by employer/insurer? Not Applicable.
5. Value necessary medical aid not furnished by employer/insurer? Not Applicable.
6. Employee's average weekly wages: $\ 331.97.
7. Weekly compensation rate: $\ 221.31 (PPD and PTD).
8. Method of wage computation: By agreement.

1. Amount of compensation payable: Primary claim is settled.
2. Second Injury Fund liability: None.

TOTAL: None.

Issued by the Missouri Division of Workers’ Compensation

Employee: Tia Galloway

Employee: Tia Galloway

Injury No. 06-107292

Dependents: N/A

Employer: Petit Jean Poultry, Inc. (settled)

Address: 200107, 1100 W. 7th Street, MORNING, MO 63101

www.petitjeanpoultry.com

Additional Party: Treasurer of Missouri, as custodian of the Second Injury Fund

Insurer: Liberty Mutual Insurance Co. (settled)

Hearing Date: November 12, 2009

Checked by: VRM/db

The undersigned Administrative Law Judge conducted a final hearing in this case in Springfield, Missouri on November 12, 2009. The claim against the Employer Petit Jean Poultry, Inc., and its insurer, Liberty Mutual Insurance Company, settled immediately prior to the hearing. The record was left open for 30 days. On November 24, 2009, Claimant submitted the signed stipulation between Claimant and the Employer/Insurer, which was made a part of the record as exhibit "FFF." Those parties settled the primary claim for 45 percent of the body as a whole. The hearing was held to determine any liability of the Second Injury Fund. Attorney Randy Alberhasky represented Tia Galloway (Employee and Claimant). Assistant Attorney General Cara Harris represented the Second Injury Fund.

The parties stipulate that Tia Galloway was a covered employee of Employer Petit Jean Poultry, Inc., a fully insured entity, which was subject to the Missouri Workers’ Compensation Law on June 28, 2006. The parties agree there is no issue with respect to venue, jurisdiction, notice, or statute of limitations. Employee’s average weekly wage was $\ 331.97, yielding a Permanent Partial Disability and Permanent Total Disability rate of $\ 221.31.

1. Is Claimant's injury medically and causally related to the work she performed for Petit Jean Poultry, Inc.?
2. Did Claimant's alleged injury arise out of and in the course of her employment?
3. If the preceding questions are answered in the affirmative, does the Second Injury Fund have liability for Permanent Total Disability or enhanced Permanent Partial Disability?

The following exhibits, offered by Claimant, were admitted:

A. Bolivar Family Care Center, 58 pages, certified 6/6/2007

B. Bolivar Family Care Center, 102 pages, certified 1/28/2008

C. Bolivar Family Care Center, 104 pages, certified 10/30/2009

D. Citizens Memorial Hospital, 245 pages, certified 7/9/2007

E. Citizens Memorial Hospital, 222 pages, certified 10/9/2007

F. Citizens Memorial Hospital, 42 pages, certified 1/22/2008

G. Oxford Healthcare, 74 pages, medical records and bills, certified 8/13/2007

H. Pain Management Clinic, 7 pages, certified 2/5/2008

I. Parkview Surgeons, 20 pages, certified 10/2/2007

J. Parkview Surgeons, 4 pages, certified 1/25/2008

K. Pomme De Terre Wellness Clinic, 10 pages, certified 1/28/2008

L. St. John's Clinic, Infectious Disease, 52 pages, certified 7/9/2007

M. St. John's Clinic, Plastic Surgery, 71 pages, certified 7/9/2007

N. St. John's Clinic, General \& Specialty Surgery, 18 pages, certified 7/10/2007

O. St. John's Clinic, SGC, Dr. Corsolini, 3 pages, certified 8/5/2008

P. St. John's Health Center, 726 pages, certified 7/19/2007

Q. St. John's Health Center, 575 pages

R. St. John's Physical Therapy, 19 pages, certified 8/14/2008

S. Bolivar Family Care Center, 122 pages, certified 11/2/2009

T. Citizens Memorial Hospital, 30 pages, certified 3/30/2007

U. St. John's Clinics, 17 pages, certified 5/11/2007

V. St. John's Clinics, 4 pages, certified 7/9/2007

W. St. John's Clinics, 4 pages, certified 9/29/2008

X. St. John's Health Center, 65 pages, certified 5/1/2007

Y. St. John's Health Center, 6 pages, certified 7/9/2007

Z. St. John's Health Center, 2 pages, certified 9/18/2008

AA. Pain Management, 2 pages, certified 7/19/2007

BB. Parkview Surgeons, 4 pages, certified 10/15/2008

CC. Pomme de Terre Clinic, 3 pages, certified 10/2/2008

DD. Woods Pharmacy. 2 pages, certified 7/12/2007

EE. Woods Pharmacy, 4 pages, certified 9/8/2008

FF. Dr. Franks, certified 6/13/2008

GG. Claim, October 20, 2006

HH. Claim, June 14, 2007

II. Amended Claim, January 16, 2008

JJ. Answer, Employer/Insurer, December 5, 2006

KK. Answer, Second Injury Fund, June 29, 2007

LL. Answer, Employer/Insurer, July 6, 2007

MM. Answer, Second Injury Fund, January 30, 2008

NN. Answer, Employer/Insurer, February 1, 2008

BBB. Pictures (7)

CCC. Marjory Moore, Safety Counsel, including Exhibits 1-4

DDD. Dr. Norbert Belz, including Exhibits 1-3

EEE. Resume of Dr. Franks

FFF. Contract of Settlement

The following exhibit, offered by the Second Injury Fund, was admitted:

I. Deposition of Dr. Parmet

Tia Galloway, Claimant, is 37 years old. She is married and raises six children. She also bore a child while she was a teenager whom she gave up for adoption. Claimant had a tumultuous childhood, being a victim of abuse and sexual assault. She has had an extensive history of mental illness, including schizophrenia and bi-polar disorder, for which she was hospitalized for several months. She left treatment against medical advice. According to one of Claimant's experts, Dr. Norbert Belz, Claimant's pre-existing mental condition was severe and included self-mutilation. Through it all, she managed to graduate from high school. She has no post-secondary education.

Claimant held a job at Shoney's Restaurant, but experienced problems working with others. She also worked in a day care and in customer service for AT\&T from 1994-1995 before

marrying David Galloway. He served in the armed forces, during which time Claimant did not work. Claimant indicated that she had suffered anxiety at being left alone while her husband was training in the military.

After David Galloway's military discharge, Claimant and her spouse engaged in illegal drug activity which led to their imprisonment. While in prison, Claimant received substance abuse and psychological counseling. She was placed on medications which helped stabilize her mental condition.

Upon the couple's release from prison, Claimant obtained a job in a group home for mentally challenged individuals. Claimant's spouse came to live with her, but Claimant eventually quit that job to obtain other employment that would allow her to reunite with her children. She found a job working at Pennington Seed through an employment agency.

The job at the seed company was very repetitive in nature. David Galloway testified that Claimant often called him during the day, apparently seeking reassurance. Once a month, she would have to take a day off from work to travel to Kansas City to have her psychiatric medications monitored and adjusted. The seed company job ended in 2004, however, when she was injured at work. A drug test was administered during treatment. Claimant was not thereafter allowed to return to work. Claimant indicated that she preferred to stay at home in the summer months anyway.

In 2005, Claimant went to work for the Petit Jean poultry plant. The job was highly repetitive in nature; she worked on a line sorting and cutting chicken parts. Claimant expressed some anxiety about the job, and again called her husband frequently for reassurance. But, she eventually was successful in her position.

The plant was quite cold in order to keep the chicken from spoiling. Claimant worked on one of several processing lines. Claimant wore her own clothes to work, but she was required to put on an apron, gloves, and a plastic smock over her clothing. This protective clothing, however, did not prevent Claimant from becoming wet. The processing line was chest high. Claimant was splashed with water as she grabbed the chicken to pull it toward her. Within a couple of hours of her 8 -hour shift, Claimant said she would be soaked through her clothing, despite the protective smock and apron. Even when she could change gloves and smocks at break time her t-shirt and undergarment were wet. At the end of her shift, Claimant changed all of her clothes except her bra. She would then travel home. She showered after she arrived home.

Claimant testified that in June 2006, she felt a knot on her breast. Her husband thought it was a pimple, but Claimant said it did not feel like that. She applied heat and ice, but when the knot began to grow she showed it to a co-worker who had had breast cancer. The co-worker indicated that the area