Melody Hannon v. Regal Beloit Corporation

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 08-065056

Employee: Melody Hannon

Employer: Regal Beloit Corporation

Insurer: Travelers Indemnity Company of America

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 October 13, 2010. The award and decision of Administrative Law Judge Vicky Ruth, issued October 13, 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 $24^{\text {th }}$ day of June 2011.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Melody Hannon

Injury No. 08-065056

Dependents: N/A

Employer: Regal Beloit Corporation

Additional Party: N/A

Insurer: Travelers Indemnity Company of America

Before the

DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Hearing Date: July 13, 2010

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: April 15, 2008.
5. State location where accident occurred or occupational disease was contracted: Miller County, Missouri.
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: The employee repetitively lifted motors into a cart, injuring her right shoulder.
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: Right shoulder.
14. Nature and extent of any permanent disability: Permanent partial disability of 20 % of the right shoulder.
15. Compensation paid to-date for temporary disability: None.
16. Value necessary medical aid paid to date by employer/insurer? None.
17. Value necessary medical aid not furnished by employer/insurer? See Award.
18. Employee's average weekly wages: N/A; see Award.

1. Weekly compensation rate: N/A; see Award.
2. Method of wages computation: N/A.

1. Amount of compensation payable from employer: 46.40 weeks of PPD ( 20 % of 232 weeks); 27 weeks of TTD; and $\ 22,775.96 in unpaid medical bills.
2. Second Injury Fund liability: N/A.
3. Future medical awarded: N/A.

Said payments to begin immediately and to be payable and 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: Tom Pirmantgen.

Employee: Melody Hannon

Injury No: 08-065056

Dependency: $\quad N / A$

Employee: Regal Beloit Corporation

Additional Party: N/A

Insurer: Travelers Indemnity Company of America

On July 13, 2010, Melody Hannon, Regal Beloit Corporation, and Travelers Indemnity Company of America appeared for a final award hearing. Melody Hannon, the claimant, was represented by attorney Tom Pirmantgen. Attorney Kevin Johnson represented Regal Beloit Corporation/Travelers Indemnity Company of America. The claimant and Debbie Shirk testified in person at the hearing. Dr. Michael Snyder, Sherry Haynes, Tami Frazee, and Dr. Edwin Roeder testified by deposition. The parties submitted briefs on August 3, 2010.

The parties stipulated to the following:

1. On or about April 15, 2008, claimant was an employee of Regal Beloit Corporation (the employer).
2. The parties were operating subject to the provisions of Missouri Workers' Compensation Law.
3. The employer's liability for workers' compensation was self-insured in care of Travelers Indemnity Company of America.
4. The Missouri Division of Workers' Compensation has jurisdiction, and venue in Miller County is proper.
5. A Claim for Compensation was timely filed.
6. No temporary disability benefits have been paid to claimant.
7. The employer/insurer did not provide any medical care.

The parties agreed that the following issues were to be resolved in this proceeding:

1. Accident or occupational disease arising out of and in the course of employment.
2. Medical causation.
3. Nature and extent of permanent partial disability.

1. Notice.
2. Non-payment of temporary total disability.
3. Unpaid medical bills.
4. Average weekly wage/compensation rate. ${ }^{1}$

On behalf of the claimant, the following exhibits were entered into evidence without objection:

Exhibit 1 Deposition of Dr. Michael Snyder.

Exhibit 2 Deposition of Sherry Haynes.

Exhibit 3 Deposition of Tami Frazee.

Exhibit 4 Deposition of Dr. Edwin Roeder.

Exhibit 5 Medical bills.

Exhibit 6 Rating report of Dr. Joanna Mace.

Exhibit 7 Curriculum vitae of Dr. Mace.

Exhibit 8 Curriculum vitae of Dr. Snyder.

Exhibit 9 Records of Dr. Snyder.

Exhibit 10 Records of Lake Regional Health System (physical therapy).

Exhibit 11 Records of Dr. Debra King.

Exhibit 12 Records of Capital Region Medical Center.

Exhibit 13 Records of Dr. Osvaldo Acosta-Rodriguez.

Exhibit 14 Records of St. Marys Health Center.

On behalf of the employer/insurer, the following exhibits were admitted into the record without objection:

Exhibit A Deposition of Dr. Edwin Roeder.

Exhibit B Records of Dr. Osvaldo Acosta-Rodriguez.

Exhibit C Final Impairment Rating of Dr. Roeder.

Exhibit D DVD depicting job.

Exhibit E Invensys Motor Systems Job Description.

Exhibit F Letter from Dr. Debra King.

Exhibit G Record of Dr. Miriam Borden.

Exhibit H Record from Allied Benefits.

Exhibit I Claim for Compensation form.

Exhibit J Stipulation for Compromise Settlement, Injury No. 06-108790.

Exhibit K Records of Capital Regional Medical Clinic.

Note: All marks, handwritten notations, highlighting, or tabs on the exhibits were present at the time the documents were admitted into evidence.

[^0]

[^0]: ${ }^{1}$ The parties essentially withdrew this issue during the trial and stated that they would resolve the average weekly wage/compensation rate issue themselves.

Based on the above exhibits and the testimony presented at the hearing, I make the following findings:

1. Claimant was born on March 8, 1956. She graduated from high school and completed some technical school classes in printing and graphic arts.
2. On the date of the alleged injury, April 15, 2008, claimant was employed by Regal Beloit Corporation/FASCO (hereinafter, the employer). Her title was Back-up Winder and Lead Liner. Claimant testified that the employer made electric motors, such as blower motors, refrigerator motors, and ceiling fan motors.
3. On April 15, 2008, claimant experienced a sudden burning pain in her right shoulder while transferring motors from a cart. Claimant testified that the job activity she was performing at the time required her to lift her arms, reach over the edge of a cart, and then lift motors out of the cart to work on and then transfer to another cart. She indicated that this activity required her to lift her arms away from her body, and upward above her shoulder joint.
4. Claimant's co-worker, Debbie Shirk, testified that on April 15, 2008, she could see that claimant's shoulder suddenly starting hurting, and that claimant was unable to carry on with the job duties that she had been performing only minutes before. This required Ms. Shirk to complete the tasks that claimant had been doing that day before she was hurt. Ms. Shirk indicated that before April 15, 2008, claimant had been able to perform all of her job duties, including reaching up and pulling lead lines, and lifting and transferring motors. After that shift, however, claimant was not able to perform her job duties for several months, pending surgery and physical therapy.
5. Ms. Shirk testified that claimant's shoulder was still hurting her later that same day, when claimant was a passenger in Ms. Shirk's car. Claimant had to reach across her body with her left hand to close the car door because her right shoulder hurt.
6. Claimant testified that she had never had this type of pain or this intensity of pain in her right shoulder before transferring the motors. Consistent with that testimony, Ms. Shirk did not recall seeing claimant suffer the pain and difficulty with her right shoulder before April 15, 2008. Ms. Shirk indicated that she had worked many shifts with claimant before that date.
7. Ms. Shirk was a credible eye witness to the sudden onset of claimant's pain, and to the severity of that pain and its debilitating effect, as compared to the other aches and pains that claimant may have had on previous occasions.
8. Claimant acknowledged that she had experienced shoulder pain on occasions before April 15, 2008. She testified, however, that the previous pain was more of a soreness,

ache, or discomfort than a sharp, debilitating pain like the pain that accompanied her torn rotator cuff.

1. After the injury, claimant saw her general physician, Dr. Debra King, for her right shoulder pain. An MRI report dated April 24, 2008, describes the injury as follows:

. . supraspinatus tendinopathy with a partial thickness articular surface tear involving approximately 50 % of the tendon thickness. The torn tendon fibers are retracted by approximately 1.5 cm from the distal insertion. In the AP direction this partial tear measures approximately 1 cm . There is a minimal focal partial thickness surface tear involving the superior fibers of the infraspinatus tendon.... There is a mild partial tear of the biceps longus tendon.... ${ }^{2}$

The only mention of any degenerative process in the MRI report relates to "mild degenerative hypertrophy of the acromioclavicular joint" and " $[t]$ he superior and anterior glenoid labrum are slightly irregular and abnormal in signal, probably reflecting degenerative graying of the labrum." ${ }^{3}$

1. Dr. King's office note from April 21, 2008, indicates that Ms. Hannon "does not recall any previous trauma to the area. The pain seemed to come on after last Tuesday or Wednesday PM when she had worked hard all night at work. She states that due to the amount of pain she is having in her shoulder she had to rest her R-elbow on a table and then she would use her L-arm to kind of help move motors." ${ }^{4}$ This is consistent with the testimony of claimant and Ms. Shirk. Nonetheless, Dr. King concluded that claimant's rotator cuff tear was degenerative and not related to her employment. Dr. King referred claimant for an evaluation by an orthopedic specialist.
2. Dr. Michael Snyder, a board-certified orthopedic surgeon, performed surgery on or about May 23, 2008, to repair claimant's rotator cuff tear. Dr. Snyder testified that eighty-five percent of his practice focuses on knees and shoulder. ${ }^{5}$ He has performed over a thousand rotator cuff surgeries similar to claimant's surgery. Dr. Snyder does very lit