Norma Williams v. State of Missouri (Cottonwood Treatment Center)

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 07-078489

Employee: Norma Williams

Employer: State of Missouri (Cottonwood Treatment Center)

Insurer: Missouri Office of Administration

Additional Party: Central Accident Reporting Office (CARO)

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

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 February 16, 2010. The award and decision of Administrative Law Judge Matthew W. Murphy, issued February 16, 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:

Employee: Ms. Norma Williams

Injury No.: 07-078489

Dependents: N/A

Employer: State of Missouri (Cottonwood Treatment Center)

Insurer: Missouri Office of Administration

Additional Party: Central Accident Reporting Office (CARO)

Appearances: Mr. Sam Eveland on behalf of Employee

Mr. Cliff Verhines on behalf of Employer/Insurer

Hearing Date: January 6, 2010

Checked by: MM/rf

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? August 20, 2007.
5. State location where accident occurred or occupational disease contracted: Cape Girardeau, Cape Girardeau County, MO.
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.

On January 6, 2010, the employee, Ms. Norma Williams, appeared in person and by her attorney, Mr. Sam Eveland, for a hearing for a final award. The employer was represented at the hearing by its attorney, Mr. 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:

1. Covered Employer - Employer was operating under and subject to the provisions of the Missouri Workers' Compensation Law, and liability was fully funded by the Missouri Office of Administration.
2. Covered Employee - On or about the date of the alleged accident, Employee was an employee of State of Missouri and was working under the Workers' Compensation Law.
3. Notice - Employer had notice of Employee's accident.
4. Statute of Limitations - Employee's claim was filed within the time allowed by law.
5. Average Weekly Wage and Rate - Employee's average weekly wage rate was $\ 560.08. The rate of compensation for temporary total disability and permanent total disability is $\ 373.38. The rate for permanent partial disability is $\ 373.38.
6. Medical Causation - Employee's injury was medically causally related to the accident. Employer stipulates that the injury resulted from the incident alleged while reserving the issue regarding whether or not the incident is a compensable accident as defined by the Missouri Workers Compensation Law.
7. Medical Aid Furnished - Employer/Insurer has not paid any medical aid.
8. Temporary Total Disability Paid - Employer/Insurer has paid $\ 0.00 as temporary total disability benefits for 0 weeks of disability.
9. Mileage - There is no claim for mileage under 287.140 RSMo.
10. Additional or Future Medical - There is no claim for additional or future medical aid.
11. Permanent Total Disability - There is no claim for permanent total disability benefits.
12. Second Injury Fund Liability - All second injury fund issues are left open.

1. Accident - There is a dispute as to whether Employee sustained an accident arising out of and in the course of her employment.
2. Previously Incurred Medical - Employee is claiming previously incurred medical in the amount of $\ 64,483.83. There is a dispute as to authorization, reasonableness, necessity, and casual relationship.
3. Additional TTD or TPD - Employee is claiming additional TTD or PTD benefits. This claim is for TTD benefits in the amount of $\ 4,853.94 for the period of 9/15/07 - 12/15/07 (13 weeks), and TPD benefits in the amount of $\ 906.78 for the period from 1/15/08 4/15/08 in which employee's scheduled time was reduced by 136 hours (equivalent to 17 days).

1. Permanent Partial Disability - Employee is claiming permanent partial disability benefits.

In addition to taking judicial notice of the entire division file, the following exhibits were offered and admitted into evidence:

Employee's Exhibits

Employer's Exhibits

No Exhibits Identified

Ms. Norma Williams testified on her own behalf at the hearing of this matter. Ms. Williams is currently employed with Cottonwood Treatment Center, hereinafter referred to as "Employer". She is in her 23rd year of employment with Employer. Ms. Williams works with physically, sexually, and mentally abused children. Her current position is midnight supervisor. She has served in this capacity for approximately 17 years. On August 20, 2007, Ms. Williams was injured while at work.

As is customary, she arrived at work at approximately 10:30 p.m. on that evening. Her typical shift lasts until 6:30 a.m. on the following day. When she arrives at work, the first order of business is to locate the master schedule, get a shift report, and get briefed on the happenings from the previous shift. On August 20, 2007, Ms. Williams located the master schedule with the use of her personal two-way radio. She learned that the schedule was located in Cottage E. Ms. Williams went to Cottage E, met the previous shift supervisor, and received the shift report. This report indicated that Cottage E had been problematic during the previous shift. Ms. Williams decided that she would position herself in Cottage E with two other staff members for her shift.

Shortly after the shift handoff, Ms. Williams left Cottage E. There is a concrete walkway that leads from Cottage E. She intended to exit Cottage E and turn left, following the walkway in that direction. Apparently, the walkway is not completely flush with the ground. There is a slight lip down to the grass. Ms. Williams attempted to cut the corner when making her left turn. She either intended to walk through the grass or step over the grass to shorten her travel distance. In so doing, Ms. Williams tripped over the lip with her right foot causing her left foot slide on the grass. She fell to the ground on her right side injuring her right shoulder.

After Ms. Williams fell, a fellow staff member came to help her up. Once Ms. Williams got up, she called Mr. Lacey. Mr. Lacey told Ms. Williams to call the 1-800 Workers' Compensation number. She complied with this directive and was told to go to St. Francis hospital to have her shoulder examined.

Ms. Williams presented at St. Francis hospital emergency room. She was examined, given a sling, and diagnosed with a shoulder contusion. X-rays were taken which were negative. Ms. Williams was instructed to follow-up with Immediate Healthcare. On August 21, 2007, Ms. Williams presented at Immediate Healthcare. She was diagnosed with a shoulder sprain and instructed to return in two weeks. On September 6, 2007, Ms. Williams returned to Immediate Healthcare. Dr. Hicks of Immediate Healthcare scheduled Ms. Williams for an MRI. On September 18, 2007, Ms. Williams returned to Immediate Healthcare. At that time, Dr. Hicks referred Ms. Williams to Dr. Schafer with a diagnosis of a right rotator cuff tear.

During this time frame, Ms. Williams learned that her claim was being denied by CARO. She processed the remainder of her medical charges through her group health insurance.

Ms. Williams presented to Dr. Schafer. Dr. Schafer told Ms. Williams that she needed to have a surgical repair of her shoulder. She had that surgery on September 28, 2007. She was off duty until mid December while recovering from this procedure. Shortly thereafter, Dr. Schafer diagnosed Ms. Williams with adhesions. A subsequent procedure was performed on February 12 or 13 of 2008 to remedy the frozen should