Claimant is a fifty-two year-old high school graduate, who took several college courses, but did not earn a degree. He has no other training. He is not able to type and only uses a computer for very basic tasks. He has never been in the military. He takes medications for heart problems and occasionally for pain, but he prefers vitamins and alternative treatments when possible.
Claimant has been married to Diane Powell for eight years. They have no children together. He has children from a previous marriage, including: Jordan, who was born in 1986; Amber, who was born in 1984; and Tyler, who was born in 1988. None of them were living with
him on the date of this accident, though he was supporting them financially at the time. Diane has two children from a previous marriage: Travis, who was age thirteen at the time of the accident, and April who was age fifteen. He was supporting them as well. There were no other persons who were dependent upon him at the time.
Claimant's vocational history consists primarily of bridge construction work with various employers, although he has some experience in factory work and carpentry as well. He started off as a laborer and worked his way to supervisor. At the time of the accident, Claimant had been working with Employer for three or four years, initially as a foreman, and then as a superintendent. He explained a foreman would lay out the jobs and keep the other workers going, while also performing manual labor. A superintendent did the same thing as a foreman, except there was more paperwork involved, and he supervised five to seven people. He still performed work of a heavy nature and operated various types of machinery.
Claimant left Employer after they took away his company truck. He then went to a new company, Thompson Construction, as a working superintendent over five to seven people. From 2005 and until January of 2007, he had a similar job with Robertson Contractors. He eventually left because of his ongoing knee problems and inability to perform his work. He last worked in January 2007.
On April 21, 2003, Claimant was working for Employer on a screed machine, which is used to level the bridge deck. As he climbed down, his foot slipped, his left foot caught, and he fell off the deck of the machine. His knee and hip popped and he fell to the ground. It was the end of the day and he did not seek medical care at that time. The next morning, Claimant went to Ozark Medical Center, where they diagnosed a sprain. He subsequently went to the Kneibert Clinic where he saw a nurse a practitioner who also diagnosed a sprain/strain.
Although he continued to have problems, Claimant had no treatment for another year and continued working for the various employer described above. In May 2004, Dr. Stevenson referred him to Dr. Moore, an orthopedic surgeon, who obtained an MRI. Claimant subsequently had four surgeries on his left knee, summarized as follows:
The first surgery of May 24, 2004 was an ACL reconstruction. He went to physical therapy at Ozark Physical Therapy. He was off work for seven or eight weeks. When he returned to work it affected his climbing.
The second surgery was in May 2005 to clean out the scar tissue. He was off for a week or two. When he returned to work he continued to have the same problems.
The third surgery was in May 2007 was a total knee replacement. He had range of motion problems, and he was stiff and sore, despite physical therapy. The surgery was done during a layoff and he did not even attempt to return to work because of the pain. He was working for Robertson's at the time.
In the fourth surgery on April 15, 2008, Dr. Aubuchon cleaned out the area again, removed scar tissue and ordered physical therapy. The knee improved, but occasionally
is sore, pops and gives away. Claimant followed up with Dr. Aubuchon, who released him at MMI on July 24, 2008, and has seen no other doctor since being discharged.
Claimant continues to have problems with his left knee. He has soreness, swelling and popping. The knee gives way four to five times per week with increasing frequency. His has problems with stairs and cannot kneel very well. The knee disrupts his sleep. He discussed an incident where his pain was so bad that he went into his garage with the doors closed and started his truck. His wife found him and got him out of the garage. Claimant became very emotional when discussing this incident.
Claimant had preexisting medical problems. In 1999, he was knocked unconscious when the bucket of a track hoe hit his head. During an 11-day hospitalization, he was diagnosed with four herniated discs, two in his neck and two in his back, and surgery was discussed, although not performed. He returned to work but continued to have problems, including headaches and stiffness in his neck on a daily basis. He lost grip strength in his right hand and he has pain shooting down his right arm. His low back is still stiff, painful and sometimes feels as if jabbed by an ice pick. He has pain into his hips and down both of his legs.
In 1996, Claimant was diagnosed with and medicated for hypertension. He is no longer taking those medications. In 2002, Claimant was diagnosed with heart problems. He was hospitalized and testing was performed, but no surgery. He has had problems with chest pain, pain in his arms and shortness of breath. He has difficulty with climbing stairs. He felt that the shortness of breath affected him at work.
In 2001, a heavy piece of piling fell and fractured Claimant's right great toe in four places. He has problems with pain in the toe and foot. The injury affects his balance and his ability to work at heights.
Claimant's daily activities are limited. He tries to mow his one half acre lawn with a riding mower, although he can only mow or use a weed eater for short periods of time due to his back, neck and knee. He does dishes or a little cleaning around the house. He has difficulty driving due to limited neck motion, and his back and knee pain nec