Skip to content
Ott Law Firm

Tamara Hill v. The Boeing Company

Decision date: November 4, 201025 pages

Summary

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tamara Hill for a left knee injury sustained on February 7, 2005, when she tripped and jerked her knee as an elevator malfunctioned at her workplace. The claimant was awarded 16 weeks of permanent partial disability compensation totaling $5,664.80 for 10% permanent disability of the left knee.

Archive Notice

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.

Related Legal Help

Practical guidance for this decision

Third-Party Injury Check

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

  • A driver, contractor, property owner, or equipment company may share fault.
  • The injury involved a vehicle, unsafe premises, defective equipment, or a non-employer vendor.
  • A serious injury or death may need both benefits review and civil-claim analysis.

Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 05-009502

Employee: Tamara Hill

Employer: The Boeing Company

Insurer: Indemnity Insurance Company of North America c/o Broadspire Services, Inc.

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 26, 2010. The award and decision of Administrative Law Judge John K. Ottenad, issued March 26, 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 $\qquad 4^{\text {th }} \qquad$ day of November 2010.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

AWARD

Employee:Tamara HillInjury No.: 05-009502
Dependents:N/ABefore the <br> Division of Workers' <br> Compensation <br> Department of Labor and Industrial <br> Relations of Missouri <br> Jefferson City, Missouri
Employer:The Boeing Company
Additional Party:Second Injury Fund
Insurer:Indemnity Insurance Co. of North America C/O Broadspire Services, Inc.
Hearing Date:November 30, 2009Checked by: JKO

FINDINGS OF FACT AND RULINGS OF LAW

  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: February 7, 2005
  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 an engineer for Employer, who injured her left knee when she tripped and jerked her knee, because the elevator came to a stop higher than the building floor.
  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: Left Knee
  14. Nature and extent of any permanent disability: 10 % of the Left Knee
  15. Compensation paid to-date for temporary disability: $\ 0.00
  16. Value necessary medical aid paid to date by employer/insurer? $\ 2,738.22

Employee: Tamara Hill Injury No.: 05-009502

  1. Value necessary medical aid not furnished by employer/insurer? N/A
  2. Employee's average weekly wages: Approximately $\ 1,192.30
  3. Weekly compensation rate: $\ 675.90 for TTD/ $\ 354.05 for PPD
  4. Method wages computation: By agreement (stipulation) of the parties

COMPENSATION PAYABLE

  1. Amount of compensation payable:

16 weeks of permanent partial disability $\ 5,664.80

  1. Second Injury Fund liability: $\ 0.00

TOTAL:

$\ 5,664.80

  1. Future requirements awarded: None

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

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: Jeffrey P. Gault.

FINDINGS OF FACT and RULINGS OF LAW:

Employee: Tamara Hill

Dependents: N/A

Employer: The Boeing Company

Additional Party: Second Injury Fund

Insurer: Indemnity Insurance Co. of North America C/O Broadspire Services, Inc.

Injury No.: 05-009502

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: JKO

On November 30, 2009, the employee, Tamara Hill, appeared in person and by her attorney, Mr. Jeffrey P. Gault, for a hearing for a final award on her claim against the employer, The Boeing Company, its insurer, Indemnity Insurance Co. of North America C/O Broadspire Services, Inc., and the Second Injury Fund. The employer, The Boeing Company, and its insurer, Indemnity Insurance Co. of North America C/O Broadspire Services, Inc., were represented at the hearing by their attorney, Mr. Terry J. Mort. The Second Injury Fund was represented at the hearing by Assistant Attorney General Karin Schute. 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:

STIPULATIONS:

1) On or about February 7, 2005, Tamara Hill (Claimant) sustained an accidental injury arising out of and in the course of her employment that resulted in injury to Claimant.

2) Claimant was an employee of The Boeing Company (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 $\ 1,192.30, resulting in applicable rates of compensation of $\ 675.90 for total disability benefits and $\ 354.05 for permanent partial disability (PPD) benefits.

7) Employer paid no temporary total disability (TTD) benefits in this case.

8) Employer paid medical benefits totaling $\ 2,738.22.

9) Though nature and extent of disability is still an issue, the knee injury, in and of itself, did not result in permanent total disability for Claimant.

ISSUES:

1) Is Employer liable for future medical care?

2) What is the nature and extent of Claimant's permanent partial and/or permanent total disability attributable to this accident?

3) What is the liability of the Second Injury Fund?

EXHIBITS:

The following exhibits were admitted into evidence:

Employee Exhibits:

A. Boeing medical dispensary records (HealthSouth)

B. HealthSouth Diagnostic Center of North County MRI report

C. Medical treatment records of Dr. Gary Schmidt

D. Medical treatment records of Dr. Mark Miller

E. Medical treatment record of Abbott EMS

F. Boeing medical dispensary records

G. Metro Imaging MRI report

H. Medical treatment records of Dr. Sherry Ma

I. Neuropsychological Evaluation report of Laura Nieder, Ph.D. dated November 15, 2002

J. Neuropsychological Evaluation report of Kristen Sands, Ph.D. dated October 11, 2005

K. Certified medical treatment records of Dr. Ksenija Kos

L. Certified medical treatment records of Dr. Nabil Ahmad

M. Deposition of Dr. Raymond Cohen, with attachments, dated November 4, 2008

N. Deposition of Mr. James England, Jr., with attachments, dated January 29, 2009

Employer/Insurer Exhibits:

  1. Medical records, reports and curriculum vitae of Dr. Robert Kramer
  2. Certified medical records of Abbott Ambulance, Inc.
  3. Certified medical records of Neurology Associates

Second Injury Fund Exhibits:

Nothing submitted into evidence at the time of hearing

Notes: 1) Unless otherwise specifically noted below, any objections contained in these Exhibits are overruled and the testimony fully admitted into evidence.

2) Some of the records submitted at hearing contain handwritten remarks or other marks on the Exhibits. All of these marks were on these records at the time they were admitted into evidence and no other marks have been added since their admission on November 30, 2009.

FINDINGS OF FACT:

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

1) Claimant is a 43-year-old, currently unemployed individual, who last worked for The Boeing Company (Employer) as an engineer until she left that employment in 2005.

2) Claimant graduated from SIU-Carbondale with a BS in Electrical Engineering in 1989. She testified that she is currently trying to complete her Master's Degree in Systems Engineering through an on-line course offered by the University of MissouriRolla. She is taking one class at a time, but is finding it difficult to complete the work because of her memory and concentration problems.

3) Following graduation from SIU-Carbondale, Claimant first worked for The Boeing Company in Washington from 1989 to 1993 in retrofit engineering.

4) In 1992, Claimant was first diagnosed with Multiple Sclerosis (MS). She was noticing numbness in her fingers and toes, and a ringing in her ear. Claimant testified that initially the doctors just watched her condition, but did not provide any significant treatment. She said that her MS had no effect on her work in Washington and she was not using any assistive devices during this time.

5) Claimant left The Boeing Company in 1993 and took a job with American Airlines in Texas, where she worked as an avionics engineer. Claimant testified that the heat in Texas intensified her MS symptoms. She developed tunnel vision and a lack of bladder control. She experienced weakness, a lack of energy and a "bad attitude." Still, despite these problems, Claimant testified that she was not using any assistive devices, like a cane, to get around. Claimant ultimately left the job in Texas because of the problems she was having related to the heat.

6) After leaving American Airlines, Claimant worked as a contract engineer for Aerotech for about six months, and then she began full-time employment with The Boeing

Company in St. Louis in 1999. Claimant testified that her work for Employer was basically performed at a desk in front of a computer. She said the heaviest thing she had to lift was a ream of paper.

7) Medical treatment records from Dr. Sherry Ma (Exhibit H) document the treatment Claimant received from her for her MS starting on July 17, 2001. In that first report, Dr. Ma notes that Claimant was first diagnosed with MS in 1992, when her symptoms of tingling and numbness in all four limbs surfaced. An MRI of the brain in 1992 showed demyelinating process. According to the report, her first MS exacerbation occurred when she was in Texas due to the hot summer weather. Claimant lost her peripheral vision, had poor balance, gait disturbance, vertigo and dizziness, and required treatment with prednisone. The report notes that she had several such exacerbations up until 1997, when she started Avonex immunomodulation therapy. Because of that treatment, Claimant had no MS exacerbations from 1997 until the time of the July 17, 2001 report. At the time of this examination, Claimant continued to complain of some tingling and numbness, some muscle spasm, tightness of the muscles especially in the lower extremities, fatigability, urinary incontinence and loss of sexual function. Her memory was fine and she was not using any assistive device for walking. Dr. Ma diagnosed MS still in relapsing-remitting stage, which was probably in remission at the time of this examination. She diagnosed a neurogenic bladder, which is common for MS patients, but no profound cortical atrophy on MRI findings. Her EDSS score was about a 4, which was described as a rather mild stage. She was continued on her once-a-week Avonex injection and given Detrol for her bladder condition. At her follow-up appointment on September 10, 2001, Claimant's condition was about the same. H

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

Related Decisions

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee's left knee injury, including approval for total knee replacement and related medical care. One dissenting member argued the knee replacement did not flow from the work injury and that employer liability should be limited to the successful meniscectomies already performed.

knee5,412 words

The Commission reversed the ALJ's award granting workers' compensation benefits to a certified nursing assistant who injured her left knee while backing out of a narrow space between a bed and wall at a nursing home on March 5, 2015. The ALJ had found the injury work-related and awarded medical expenses, temporary total disability, mileage reimbursement, and permanent partial disability benefits, but the Commission determined this award was erroneous.

knee12,845 words
affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Jamie E. Overstreet for a knee injury sustained on February 12, 2018. A dissenting opinion argued the injury arose out of employment and that the employee was entitled to temporary total disability, permanent partial disability, and future medical benefits.

knee6,228 words

Davis v. Negri Plumbing(2020)

January 14, 2020#10-069808

reversed

The Commission reversed the administrative law judge's decision and found the Second Injury Fund (SIF) liable for compensation in this case involving a preexisting condition of osteogenesis imperfecta. The employee sustained a compensable right knee injury on September 1, 2010, and the Commission determined that the preexisting condition constituted a hindrance or obstacle to employment for purposes of SIF liability.

knee10,924 words
affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for Jackie W. Hooper's work-related knee injuries (medial meniscus tears) sustained at the Missouri Department of Corrections. One dissenting opinion argued that future medical treatment should be limited to care directly addressing the compensable injury rather than all conditions affecting the injured body part.

knee5,550 words