In August of 2007, Michael Wood ("employee") began working for The Doe Run Company ("employer") as a maintenance apprentice. Following his training period, employee became a maintenance journeyman. On February 26, 2009, employee was walking into the maintenance shop when he was struck in the back right side of the upper left calf with a piece of metal which lodged in the back of employee's left leg. The piece of metal came from a sledge hammer that shattered as other employees where hammering on a gearbox nearby. Employee eventually had surgery to remove the piece of metal with Dr. John Krause on March 5, 2009 (Employee Exhibit C4). On April 13, 2009, Dr. Krause released employee to full duty without restrictions and placed him at maximum medical improvement. Dr. Krause rated employee's permanent partial disability at 2 % at the level of the knee on April 22, 2009. Employee was evaluated by Dr. David Volarich on December 15, 2009 who opined that employee suffered a 20 % permanent partial disability of the left lower extremity at the level of the knee. According to Dr. Volarich's report this rating accounted for ongoing paresthesias along a superficial sensory branch of the saphenous nerve, mild swelling in the left calf, as well as some weakness in the left quadriceps causing some occasional knee discomfort in the left lower extremity (Employee Exhibit B).
At the time of the hearing, employee continued to have many limitations with his knee. Although he still is working full time with employer, employee has problems that include knee swelling every day, pain in the muscle above his knee down to the ankle, numbness down his shin to the top of his foot, loss of range of motion since he cannot fully extend his knee, some knee stiffness, difficulty standing on a ladder and using spray hose, his leg falling asleep if he sits too long, sensitivity in the inside portion of his ankle, decreased strength, decreased stamina, popping, difficulty playing sports and with his children, and difficulty pushing off the knee. As a result of the work-related knee injury, employee now takes three extra strength Tylenol or ibuprofen between one to four times daily. Employee is also having soreness and cramping in his lower back. Prior to the February 26, 2009 work injury, employee had no injuries to his left leg and also has not had any subsequent injury to it.
Based on the evidence and employee's testimony, I find that employee is credible regarding his injury and his limitations. The February 26, 2009 work injury is far more disabling
than both Dr. Krause and Dr. Volarich have considered in their ratings. Consequently, I find that the ratings by the doctors in this case are too conservative and do not accurately reflect, as of the date of the hearing of August 2, 2010, the condition of the knee and its permanent disability caused by the February 26, 2009 work injury.
There is a long line of cases that state that the Administrative Law Judge and Commission are not bound to accept the opinions of the doctors as conclusive and may make a finding that the permanent disability is lower than the lowest rating or higher than the highest rating. The extent of disability is a finding of fact within the special province of the Administrative Law Judge and Commission and there is not a duty to be conclusively bound or restricted to the percentage estimate or opinion of any one or more of the doctors. See Murphy v. W.J. Lynch Co., 57 S.W.2d 685 (Mo. App. 1933), Zickefoose v. Walker and Williams, 79 S.W.2d 511 (Mo. App. 1935), Henderson v. Laclede Christy Clay Products Co., 206 S.W.2d 673 (Mo. App. 1947), Barron v. Mississippi Lime Co., 285 S.W.2d 46 (Mo. App. 1955), McAdams v. Seven-Up Bottling Co., 429 S.W.2d 284 (Mo. App. 1968), Wiedower v. ACF Industries, Inc., 657 S.W.2d 71 (Mo. App. 1983), Quinlan v. Incarnate Word Hospital, 714 S.W.2d 237 (Mo. App. 1986), Jones v. Jefferson City School District, 801 S.W.2d 486 (Mo. App. 1990), Sifferman v. Sears Roebuck, 906 S.W.2d 823 (Mo. App. 1995), Mathia v. Contract Freighters, Inc., 929 S.W.2d 271 (Mo. App. 1996), and Buskuehl v. The Doe Run Co., 68 S.W.3d 535, 540 (Mo. App. 2001).
Based on the credible testimony of the employee, my observations at the hearing, and a thorough review of the medical records, I find that the employee as a result of his work-related accident of February 26, 2009 has sustained a 30 % permanent partial disability of the left knee at the 160 -week level. The employer-insurer is therefore directed to pay to the employee 48 weeks of permanent partial disability at the rate of $\ 404.66 per week for a total award of permanent partial disability equal to $\ 19,423.68.
At the time of the hearing, employee has also requested an award of permanent partial disability for his low back complaints. Although his complaints may be related to the knee, I specifically find that the employee has failed to meet his burden of proof regarding his request for compensation on his low back condition. Therefore, employee's claim regarding his low back is denied.