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Charles Jones v. SEMO Electric Cooperative

Decision date: August 19, 201017 pages

Summary

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Charles Jones for a work-related injury sustained on September 12, 2005, during Hurricane Katrina recovery efforts when he was cut by a wire, resulting in the development of RSD (CRPS). The employee was determined to have permanent total disability with benefits including temporary total disability compensation of $49,183.64 and medical aid totaling $281,266.85.

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This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

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This workers' comp decision may point to a separate injury claim.

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Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 05-096654

Employee: Charles Jones

Dependents: Christine Jones and Melissa Jones

Employer: SEMO Electric Cooperative

Insurer: Missouri Electric Cooperatives Insurance Plan

(TPA: Cannon Cochran Management Services)

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 March 17, 2010. The award and decision of Administrative Law Judge Carl Strange, issued March 17, 2010, 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 $19^{\text {th }}$ day of August 2010.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

AWARD

Employee: Charles Jones

Injury No. 05-096654

Dependents: Christine Jones \& Melissa Jones

Employer: SEMO Electric Cooperative

Additional Party: Second Injury Fund

Insurer: Missouri Electric Cooperatives Insurance Plan

(TPA: Cannon Cochran Management Services)

Hearing Date: December 14, 2009

Checked by: CS/rf

SUMMARY OF FINDINGS

  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 12, 2005.
  5. State location where accident occurred or occupational disease contracted: State of Mississippi - Employer's principal place of employment is Scott 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.
Employee: Charles JonesInjury No. 05-096654
11.Describe work employee was doing and how accident happened or occupational disease contracted:Employee was working during Hurricane Katrina when he picked up a cut wire to hook a house up.The wire went into his index finger on the side between his thumb which later caused the employee to develop RSD (CRPS).
12.Did accident or occupational disease cause death? No.
13.Parts of body injured by accident or occupational disease: bilateral upper extremities, neck, back, and body as a whole.
14.Nature and extent of any permanent disability: Permanent total disability.
15.Compensation paid to date for temporary total disability: $49,183.64
16.Value necessary medical aid paid to date by employer-insurer: $281,266.85
17.Value necessary medical aid not furnished by employer-insurer: Not applicable.
18.Employee's average weekly wage: Not calculated.
19.Weekly compensation rate:
$696.97 for temporary total disability
$365.08 for permanent partial disability
20.Method wages computation: By agreement.
21.Amount of compensation payable:
a.Employee awarded permanent total disability from the employer-insurer. (See Findings.)
b.Employee awarded 16 weeks of disfigurement at 365.08 per week for a total of 5,841.28. (See Findings.)
22.Second Injury Fund liability: None. (See Findings.)
23.Future requirements awarded: Employer-insurer directed to pay future medical aid pursuant to Section 287.140 RSMo (See Findings).
Said payments shall be payable as provided in the findings of fact and rulings of law, and shall be subject to modification and review as provided bylaw.
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 fornecessary legal services rendered to the claimant: Attorney Dean Christianson.

FINDINGS OF FACT AND RULINGS OF LAW

On December 14, 2009, the employee, Charles Jones, appeared in person and by his attorney, Dean Christianson, for a hearing for a final award. The employer-insurer was represented at the hearing by its attorney, Joseph Page. The Second Injury Fund was represented by Assistant Attorney General Clifton Verhines. At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with the findings of fact and rulings of law, are set forth below as follows.

UNDISPUTED FACTS:

  1. On or about September 12, 2005, SEMO Electric Cooperative was operating under and subject to the provisions of the Missouri Workers' Compensation Act and its liability was insured by Missouri Electric Cooperatives Insurance Plan with a third party administrator of Cannon Cochran Management Services.
  2. On or about September 12, 2005, the employee was an employee of SEMO Electric Cooperative and was working under and subject to the provisions of the Missouri Workers' Compensation Act.
  3. On or about September 12, 2005, the employee sustained an accident or occupational disease during the course of his employment.
  4. The employer had notice of employee's accident.
  5. The employee's claim was filed within the time allowed by law.
  6. The employee's rate for temporary total disability and permanent total disability is $\ 696.97, and his rate for permanent partial disability is $\ 365.08.
  7. The employee's injury is medically causally related to the work injury on or about September 12, 2005.
  8. The employer has furnished $\ 281,266.85 in medical aid to employee.
  9. The employer has paid temporary total disability benefits at a rate of $\ 696.97 per week for a total of $\ 49,183.64 covering the time periods of September 19, 2005 to December 26, 2005, June 1, 2006 to November 5, 2006, November 17, 2006, December 22, 2006, January 5, 2007, October 4, 2007 to November 18, 2007, and November 21, 2007 to May 19, 2008.
  10. The employee reached maximum medical improvement on May 19, 2008.
  11. On or about September 12, 2005, the employee had two dependents namely, his spouse Christine Jones and his daughter Melissa Jones born July 28, 1992.

ISSUES:

  1. Future Medical Aid
  2. Nature and Extent
  3. Liability of the Employer
  4. Liability of the Fund

EXHIBITS:

The following exhibits were offered and admitted into evidence:

Employee's Exhibits

A. Deposition of Dr. Lichtenfeld

B. Deposition of Dr. Stillings

C. Deposition of Timothy Lalk

D. Medical Records of Midwest Physicians and Surgeons

E. Medical Records of St. Francis Medical Center \#1

F. Medical Records of St. Francis Medical Center \#2

G. Medical Records of St. Francis Medical Center \#3

H. Medical Records of Dr. Chaudhari \#1

I. Medical Records of Dr. Chaudhari \#2

J. Medical Records of Dr. Chaudhari \#3

K. Medical Records of Dr. Mackinnon

L. Medical Records of Orthopedic Associates

M. Medical Records of Southeast Missouri Hospital

N. Medical Records of Brain and Neurospine Clinic of Missouri \#1

O. Medical Records of Brain and Neurospine Clinic of Missouri \#2

P. Medical Records of Barnes Jewish Hospital

Q. Certificate of Marriage and birth certificates

Employer-Insurer's Exhibits

  1. Deposition of Dr. Guidos
  2. Deposition of Dr. Jarvis
  3. Deposition of June Blaine

FINDINGS OF FACT:

Based on the testimony of Charles Jones ("employee") and the medical records and reports admitted, I find as follows:

At the time of the hearing, the employee was 40 years old and had worked for SEMO Electric Cooperative ("employer") out of Sikeston, Missouri, since the time he had been hired in October 2004. Other than working in the State of Mississippi for the employer after Hurricane Katrina, the employee had performed all of his prior work for the employer in Missouri except for a small amount of work on lines at the tip of Kentucky. Although he left school in the ninth grade, the employee eventually obtained his GED. His only other education involved a three day course in working on office equipment. Following his departure from school, the employee worked as a hod carrier until the age 15. After he did odd jobs for a couple of years, the employee entered the military at age 17. While in the Navy from October of 1986 to May of 1988, the employee was trained on firefighting. Once he left the military, he performed a number

of different jobs in construction and in factories. His next employment involved heavy manual labor while working with office equipment, which he performed for about five years. In 1997, the employee began his career in the electrical field for Midwest Power Lines. In the beginning, the employee simply ran a shovel. He was later able to work himself up to being a lineman and eventually a working foreman. During the time he worked for the employer and up to the time of his accident on September 12, 2005, the employee worked as a lineman on both underground and overhead electrical lines.

Prior to his work accident of September 12, 2005, the employee had received medical treatment for his right wrist, low back, and right knee (Employee Exhibit A, Deposition Exhibit 2). During the seventh grade, the employee fell and fractured his wrist which was placed in a cast for six weeks. Although he had previously noted occasional stiffness with cold and rainy weather, the employee testified at the hearing that he really was not having any problems with his wrist. In 1989, the employee fell off of the top of a machine. Although he had a mild bulge or herniation, the employee treated conservatively with just physical therapy. His main current complaint with his back is soreness and tenderness during cold weather. In April 2004, the employee injured his right knee. Dr. Patrick Knight performed a partial medial menisectomy, partial lateral menisectomy, limited synovectomy, and right knee arthroscopy on June 7, 2004 (Employee Exhibit L, Pages 2-4 \& 8-9). The employee continued to perform his job for the employer but did have aching in his knee during cold weather.

On September 12, 2005, the employee was working for the employer in Mississippi following Hurricane Katrina. The employee's primary job in Mississippi was to restore power to houses. While attempting to hook the power line back to the house, the employee picked up the cut wire and it went through his glove and into the side of his left index finger. After he cleaned his finger, the employee returned to working. At the end of the day, the employee reported the incident to his supervisor, Marty Vineyard. On the next day, the employee was unable to bend his finger, and it was very swollen. A coworker took the employee to a medical tent in a parking lot for treatment. A doctor performed surgery by placing a drain into his finger to relieve the swelling. The employee stayed in Mississippi for a few more days and then rode back to Missouri with the other workers. Upon his return to Missouri the employee was referred to a hand specialist, Dr. Thomas Tobin.

Dr. Tobin first saw the employee on September 20, 2005 and performed an exploration of the left hand wound and irrigation and drainage of the left index finger flexor tendon sheath on the very next day (Employee Exhibit D, P

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

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