Employee: Teresa Carkeek
Injury No: 06-125189
Employer: Hallmark Cards, Inc. (previously settled)
Additional Party: Missouri State Treasurer, Custodian of the Second Injury Fund
Insurer: Hallmark Cards, Inc.
Hearing Date: February 1, 2010
Final Briefs filed: March 9, 2010
Checked by: KJC/cy
The Employee settled her claim arising out of the alleged December 13, 2006 accident, Injury No. 06-125189, against her Employer, Hallmark Cards, Inc. on January 5, 2010 based on a permanent partial disability of 12.5 percent to the body as a whole due to an injury to her neck. The settlement stipulation showed that no temporary total disability benefits were paid and that $\ 2,827.21 was paid in medical aid.
The Employee also had another case heard at the hearing on February 1, 2010. That claim was under Injury Number 06-125432, injury date June 5, 2006. The Employee alleged in the June 2006 case that she was rendered permanently and totally disabled due to a combination of the disability she sustained in the June 2006 accident and her preexisting disability. The Employee did not prevail on that argument. Claimant allegedly injured her shoulder in the June 2006 accident. She continued working until August 2007. She quit working of her own volition. She alleged a subsequent accident at work on December 13, 2006. She settled that claim as noted above on January 5, 2010. She did not prove the Second Injury Fund's liability for permanent total disability benefits in the June 2006 case.
The Employee and the State Treasurer as Custodian of the Second Injury Fund entered into various admissions and stipulations in the December 2006 case. The remaining issues were as follows:
- Whether the employee sustained an accident arising out of and in the course and scope of her employment; and
- Liability of the Second Injury Fund for Compensation.
At the hearing on her December 2006 case, Ms. Teresa Carkeek (hereinafter referred to as Claimant) testified that she was born on March 25, 1952 and that she had a high school education. She stated that she had no post-high school education or vocational training. She stated that she had no computer training.
Claimant testified that her first job was at a fast food restaurant. She stated that she next worked in day care at a fitness facility for about 5 years. She stated that in addition to her day care duties, she scheduled and fired employees. She stated that she was "pretty" much the manager.
Claimant testified that afterwards she worked in the cafeteria for the Liberty School District. She stated that she worked as a cashier, on the line and in the salad department. She stated that she was in charge of the salad bar department for the last two years of her employment with the district.
Claimant testified that her job at Hallmark Cards, Inc. was retail order processor. She stated that she had to pick up and fill orders. She stated that she had to do a lot standing, lifting and walking. She stated that she had to pack, tape and ship boxes. She stated that the boxes generally weighed 10 to 15 pounds. She stated that occasionally a box weighed 35 to 60 pounds. She stated that she pushed a buggy to the various stations to pick up products for shipping.
Claimant testified that her alleged injury at work occurred on December 13, 2006. She stated that she injured her neck and upper back in the alleged accident. She stated that the injury occurred when she slipped on some boxes, packing foam and cables on the floor. She stated that she began to fall forward and at the same time she was trying to keep from dropping the cards in her hands. She stated that as she fell forward, she jerked her whole body in a forward direction and that she felt as though an electric shock had gone through her back. She stated that she experienced stiffness and soreness in her back. She admitted that she did not fall to the floor. She admitted that she did not fall into a wall. She admitted that her head, neck, back and hip did not strike any object.
Claimant admitted that she worked the remainder of the month of December. She stated that on January 7, 2007, she had an MRI of her left shoulder which she had injured at work in June 2006. She stated that she had arthroscopic shoulder surgery on February 20, 2007. She stated that Dr. Lingenfelter, who performed the surgery, wanted to treat her neck and recommended an MRI, which Hallmark refused to authorize. She stated that Hallmark also refused to authorize an injection in her neck as prescribed by Dr. Griffith in pain management.
Claimant admitted that she returned to work following the arthroscopic shoulder surgery and that she worked light duty during the summer of 2007. She stated that she worked the light duty for 90 days.
Claimant testified that she was re-examined by Dr. Lingenfelter in March 2008. She also stated that in 2008 she was referred to Dr. Reintjes for her neck complaints. She stated that he told her that he would not do any neck surgery on her due to her obesity. She stated that he told her to come back after she had lost 100 pounds.
Claimant complained that she was still experiencing numerous problems as a result of her June and December 2006 injuries at work. She stated that she could not lift her left arm past
chest level. She stated that she did not have a lot of pain in her shoulder. She stated that she had numbness and tingling in her left hand. She stated that she had pain in the biceps area of her left arm. She stated that she had a loss of strength in her left arm. She stated that she did not have much grip strength in her left hand.
Claimant testified that she still had upper back and neck pain. She stated that she had occasional numbness. She stated that she could not turn her head. She stated that she could not look up. She stated that she had a lot of pain between her shoulder blades. She stated that it was difficult to sleep at night. She stated that she could not lie on her side for very long due to her back pain. She stated that she had numbness going down both arms to her fingertips. She stated that she had shooting pains.
Claimant testified that she was on pain medication for her neck and upper back. She stated that the pain medication had affected her concentration. She stated that the medication had affected her driving. She also stated that her driving was affected by her inability to fully turn her head to the side. She stated that her injuries had affected her ability to engage in recreational activities. She stated that she could no longer decorate cakes. She stated that on camping trips, her husband now had to do all the work to set up the camp. She stated that she could no longer sew due to her problems in sitting and standing. She stated that it now takes her two weeks to sew what she used to do in one day.
Claimant also testified to several injuries and medical problems which occurred prior to December 2006. She alleged a shoulder injury at work in June 2006 which, according to her, occurred after she had placed a 40 to 60 pound box on the conveyor. She stated that the conveyor belt caught the box and it jerked her left arm. She stated that she felt a pop in her shoulder.
Claimant admitted that she continued working after the June 2006 shoulder injury until the following year when she had the arthroscopic shoulder surgery. She admitted that she initially declined treatment for her shoulder when her employer offered it. She also stated that during the period June 2006 to February 2007 she took a three week vacation, had gall bladder surgery, a hemorrhoidectomy, and that she was hospitalized for complaints of chest pains, which her doctor determined was caused by her gallbladder problems.
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