No legal file was established for this hearing.
Claimant offered, and there was admitted into evidence without objection, Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, and S.
Claimant testified on her own behalf. Claimant testified that she was 50 years of age at the time of hearing. She testified that she was formerly employed by the Fulton State Hospital, operated by the State of Missouri, in the dietary department where she assisted in serving meals, cleaning dishes, cleaning the dining room, lifting trash cans, lifting large pots, stacking and storing supplies. She lifted and carried as much as 30 pounds regularly in performing her job tasks.
Claimant graduated from high school in 1977 but has no special training past high school other than the training she received in the military. Claimant testified that after high school she worked in a shoe factory and later at a brick plant. Claimant testified that while she was working at the brick plant, she injured her back carrying 50-pound bricks. She also worked for a short period of time at a fast food restaurant. Thereafter, she joined the army and was trained to be a truck driver. After returning from military duty, she went to work at a convenience store owned
Claimant: Sonia Revels Injury No. 01-129922
by Claimant's parent. Claimant testified that while working at the convenience store, she had to lift heavy bags of product which made her back hurt and for which she received medical treatment from time to time and for which she missed work from time to time. Claimant also worked at a nursing home as a dietary aid and cook prior to becoming employed at the current Employer. Claimant testified that she left her last employment because she could not perform her job duties and she was given the option of quitting or be terminated.
Claimant testified that she cannot perform any of her former employment job tasks and that she has not worked since leaving the employment of the state of Missouri. Claimant testified that she does not know how to use a computer, she cannot type, and she considers her mathematics skills to be "bad."
Claimant testified concerning her accident and injury of November 9, 2001. Claimant was stacking supplies in the course and scope of her employment when she sustained an injury when a box fell and she tried to catch it.
The Claimant felt immediate pain in her right shoulder, notified the Employer of her accident and injury, and was examined and treated at Callaway Community Hospital with an immobilizer on the date of the accident. She thereafter came under the care of Dr. Tate who treated Claimant and eventually referred Claimant to Dr. Tarbox for treatment. Dr. Tarbox performed arthroscopic subacromial decompression surgery, with debridement of her anterior labrum, and mini-open rotator cuff repair of a three-centimeter tear of her right rotator cuff.
During postoperative physical therapy, the Claimant reported that she felt that increased weight in the therapy sessions and exercises had caused pain in her neck. After being released by Dr. Tarbox, she was referred to Dr. Parker for her neck complaints. After conservative treatment failed to resolve Claimant's neck pain complaints, Dr. Parker performed an anterior cervical
Claimant: Sonia Revels Injury No. 01-129922
discectomy at C5-6 and C6-7, an anterior cervical arthrodesis at C5-6 and C6-7 using allograft, and placed anterior cervical instrumentation at C5 through C7. Since that time, the Claimant has been examined and treated for neck complaints by Dr. Parker and Dr. Cravens, who prescribed medication for the control of Claimant's pain complaints. Exhibits H, I, J, M, N, O, P, Q, and R set out medical records which detail Claimant's treatment.
The Claimant testified that she currently has complaints as a result of the accident relating to her right shoulder and neck. She is in constant pain. She takes a number of prescription medications. She cannot lift or carry more than 25 pounds. Her sleep is poor; she awakes several times each night. Her attention, concentration and memory are limited by her pain. She cannot clean, wash windows, or use her right arm above shoulder level. Her housecleaning sometimes takes her all week. She does not lift pans of food and does use a dishwasher. She mostly stays at home, does only limited driving, and she has stopped swimming, camping, boating, gardening and playing cards with friends. She can watch TV if she changes positions, and rests about onehalf of each day.
The Claimant testified that, prior to her work-related accident, she received chiropractic treatment over the years from Dr. Tisch for low back pain after lifting bricks at her work in a brick plant. Dr. Tisch's records show treatment from time to time starting in April 1980 through April 1991. Claimant estimated that she experienced a flare-up about every 6 months, especially with bending and stooping. Claimant testified that she treated her back pain with medication as well as chiropractic treatment. Prior to her work-related accident, the Claimant's back pain had limited her ability to work at the brick plant as well as at the convenience store, especially with bending, squatting, and lifting heavy bags of dog food at the convenience store. Claimant also saw Dr. Phillips in 2000, who noted in August of 2000 a long history of back discomfort which
Claimant: Sonia Revels Injury No. 01-129922
bothered the Claimant every couple of years. Dr. Phillips prescribed pain medication, physical therapy and a referral to an orthopedist (Exhibit K).
After the Claimant's shoulder and neck surgeries, Dr. Parker stopped treating her neck and started treating her low back complaints on June 4, 2003. The Claimant underwent lumbar MRIs and lumbar facet blocks by Dr. Parker, and was also treated conservatively for back complaints by Dr. Cravens, as well as undergoing a bone scan and injections in her low back. Her low back currently causes her pain, and limits her ability to walk, stoop, bend, and to stand or sit for more than 20 minutes.
On cross-examination Claimant admitted that she lives in a rural area and that her husband takes care of lawn mowing. She further admitted that the bags of dog food she handled at the convenience store weighed about 50 pounds each.
Claimant admitted that she can stand for about one hour and that she does laundry at home but that she uses her left hand to pick out clothes from the top-loader clothes washer. Claimant further admitted that she has been married to her husband for 25 years and that they ride motorcycles from time to time for recreation. Claimant admitted that she can ride a motorcycle as a passenger for 30-40 miles but that they make frequent stops to rest and ease the pain in Claimant's back.
Claimant admitted that she did not have neck problems prior to the primary injury and that she was released without restrictions after the neck surgery. Claimant further admitted that she has taken depression medication since the 2001 injury and that she does not sleep well due to pain in her neck.
Claimant admitted that she was involved in a motor vehicle accident in 1980 but that her injuries from that accident resolved. Claimant further admitted that she suffered a back
Claimant: Sonia Revels Injury No. 01-129922
strain/sprain in 1977 while working at the brick plant, that she saw Dr. Tisch on her own in 1980 and that she worked without restrictions up to and through her employment with the convenience store.
Claimant admitted that she handled trash bags which weighed about 30 pounds while working at the Fulton State Hospital and that she was generally able to perform her job tasks prior to her injury of November 2001. Claimant further admitted that she keeps her grandchild part of the week but that her daughter cleans up the child's "mess" when she comes home from work.
Claimant admitted that she was involved in motor vehicle accidents in 2007 and 2009 but that her injuries in each accident were minor and her back injury in 2009 resolved to the level of her pre-existing condition prior to the accident.
Claimant admitted that she drinks 6-8 beers per day depending on the pain level in her body and that she smokes 1-1/2 packs of cigarettes per day.
On re-direct examination Claimant testified that she does housework a little at a time and that she has to stop and rest often and sometimes lie down.
Gary Weimholt, a vocational rehabilitation consultant, testified on behalf of the Claimant. Mr. Weimholt testified that he performed an independent vocational evaluation on the Claimant on December 1, 2005. Mr. Weimholt testified that he reviewed medical records in drawing conclusions concerning the Claimant's ability to be employed in the open labor market. Mr. Weimholt identified Exhibit G as a report authored by him that sets out the records reviewed, the interview conducted with the Claimant, and the results of various tests administered as part of the vocational evaluation. Mr. Weimholt testified that the test results indicated that the Claimant had weak mathematical skills and poor dexterity.
M. Weimholt testified that the Claimant has not performed skilled work and does not have any transferable job skills that would transfer to any occupation within her very limited range of physical capabilities based on the restrictions of either Dr. Parker or Dr. Poetz. The Claimant's need to alternate sitting and standing makes it even less predictable that she would be able to adequately function in any alternative jobs in the open labor market. The physical requirements of production and assembly jobs also exceed her physical capabilities. She lacks any other skill sets for lighter work such as office work, computer skills, or customer service type work. She would be expected to have poor work habits, poor team skills, and not be able to manage her time wisely.
Mr. Weimholt testified that, in his opinion, the Claimant is totally disabled from employment in the open labor market due to the combination of her work-related right upper extremity and cervical spine injuries, and her pre-existing lumbar spine condition. Mr. Weimholt further testified that the Claimant's right upper extremity and cervical spine injuries alone would not have precluded the Claimant from employment; however, the combination of those injuries with her lumbar spine condition created a level of disability that rendered the Claimant permanently and totally disabled.
On cross-examination Mr. Weimholt admitted that the Claimant's mathematics skills are good enough for her to make change.
Dr. Poetz testified on behalf of the Claimant by deposition. Dr. Poetz testified that the Claimant's neck range of motion was diminished and that the range of motion of the Claimant's right shoulder was diminished. Dr. Poetz testified that in his opinion, the Claimant's right rotator cuff tear and subsequent surgeries, and her cervical strain and subsequent discectomy and arthrodesis surgeries were all attributable to her work-related injury of November 9, 2001.
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Dr. Poetz testified that the accident of November 9, 2001, was a substantial factor in the need for treatment and that the treatment received was reasonable and necessary to cure and relieve the Claimant of the effects of her injuries.
Dr. Poetz testified that he rated the Claimant's work-related permanent disabilities at 40% of the cervical spine referable to the body as a whole and 40% of the right upper extremity referable to the 232-week level. Dr. Poetz further testified that he restricted the Claimant from heavy lifting, strenuous activity, prolonged sitting, standing, walking, stooping, bending, squatting, twisting or climbing, overhead use of her upper extremities, and the use of equipment that creates torque, vibration or impact to the upper extremities.
Dr. Poetz testified concerning medical records with regard to treatment of the Claimant's low back, both before and after November 9, 2001. He rated her permanent disabilities to her low back prior to November 9, 2001, at 25% of the lumbar spine referable to the body as a whole, and described her pre-existing low back problems as a hindrance or obstacle to the Claimant's employment. He testified that the combination of her work-related and pre-existing disabilities resulted in a substantially greater overall level of disability, which left the Claimant permanently and totally disabled.
On cross-examination, Dr. Poetz admitted that, although he assigned disability to the Claimant's cervical spine for pre-existing conditions, he reviewed no record which indicated that she had been treated for any neck symptoms prior to that date. He agreed that her low back range of motion was diminished in 2008 as opposed to 2005.
The Second Injury Fund presented no written or oral evidence.
Claimant: Sonia Revels Injury No. 01-129922