Shawna Prope v. Lonnie Chandler d/b/a Chandler Exteriors

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 08-085143

Employee: Shawna Prope

Employer: Lonnie Chandler d/b/a Chandler Exteriors

Insurer: Missouri Employers Mutual Insurance

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 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 § 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated July 8, 2011. The award and decision of Administrative Law Judge Vicky Ruth, issued July 8, 2011, 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 $\qquad 18^{\text {th }}$ day of January 2012.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

James Avery, Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Shawna Prope

Injury No. 08-085143

Dependents: N/A

Employer: Lonnie Chandler, d/b/a Chandler Exteriors

Additional Party: N/A

Insurer: Missouri Employers Mutual Insurance

Before the DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Hearing Date: April 7, 2011

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: September 24, 2008.
5. State location where accident occurred or occupational disease was contracted: Crawford 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: Claimant fell from a ladder, catching her right leg between the rung of the ladder and then falling to the ground.
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: Body as a whole (back) and right leg.
14. Nature and extent of any permanent disability: 20 % of the right knee and 12.5 % of the body as a whole referable to the right hip and the lumbosacral spine.
15. Compensation paid to-date for temporary disability: $\ 5,790.38.
16. Value necessary medical aid paid to date by employer/insurer? $\ 62,046.50.
17. Value necessary medical aid not furnished by employer/insurer? N/A.

1. Employee's average weekly wages: $\ 320.
2. Weekly compensation rate: $\ 213.33.
3. Method of wages computation: By agreement.

1. Amount of compensation payable from employer:

Permanent partial disability ( 82 weeks $x \ 213.33 ): $\ 17,493.06

1. Second Injury Fund liability: N/A.
2. Future medical awarded: No.

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: Gary Matheny.

Employee: Shawna Prope

Injury No: 08-085143

Dependents: N/A

Employer: Lonnie Chandler, d/b/a Chandler Exteriors

Additional Party: N/A

Insurer: Missouri Employers Mutual Insurance

Before the

DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

On April 7, 2011, Shawna Prope (the claimant) and Lonnie Chandler, d/b/a Chandler Exteriors/Missouri Employers Mutual (the employer and insurer) appeared for a temporary award hearing. ${ }^{1}$ The claimant was represented by attorney Gary Matheny. The employer/insurer was represented by attorney Amanda Reichert. Claimant testified at the trial, as did Lonnie Chandler and Fred Pope. Dr. Christopher Rothrock and Dr. James Doll testified by deposition. The parties submitted briefs on or about May 3, 2011, and the record closed at that time.

The parties stipulated to the following:

1. On September 24, 2008, claimant sustained an injury by accident. This accident arose out of and in the course of employment with Lonnie Chandler, d/b/a Chandler Exteriors (the employer).
2. The parties agree that the claimant's right leg was injured in that September 24, 2008 accident. Claimant also alleges that her low back was injured in the accident, but the employer/insurer disputes this.
3. The claimant and the employer were operating under and subject to the provisions of Missouri Workers' Compensation Law.
4. The employer's liability for workers' compensation was insured by Missouri Employers Mutual Insurance.
5. The employer had notice of the injuries, and a Claim for Compensation was filed within the time prescribed by law.
6. The Missouri Division of Workers' Compensation has jurisdiction, and venue in Callaway County is proper.
7. The employer/insurer provided temporary total disability benefits in the amount of $\ 5,790.38, for the period of September 25, 2008 through April 2, 2009.
8. The employer/insurer provided medical aid in the amount of $\ 62,046.50.

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[^0]: ${ }^{1}$ The hearing was a hardship hearing, but was not brought under Section 287.203. In addition, the parties agreed that in the event that no additional treatment was ordered, the award should be converted to a final award.

The parties agreed that the issues to be resolved in this proceeding are as follows:

1. Whether claimant's need for additional medical aid for her right leg is medically casually related to the September 24, 2008 accident.
2. Whether claimant is entitled to temporary total disability benefits from August 9, 2010 and ongoing.

The parties also agreed that if the Administrative Law Judge determined that claimant's need for additional medical treatment is not necessary or not medically casually related to the work accident, that the temporary award should be converted to a final award and the following issues would also need to be addressed.

1. Medical causation as to claimant's low back injury.
2. Nature and extent of permanent partial disability.

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

Exhibit 1 Medical records from Patients First/Dr. Modad.

Exhibit 2 Independent Medical Examination report from Dr. Shawn Berkin.

Exhibit 3 Deposition of Dr. Christopher Rothrock.

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

Exhibit A Medical records from Barnes-Jewish Hospital.

Exhibit B Medical record from Missouri Baptist Hospital.

Exhibit C Medical records from Dr. William Ricci.

Exhibit D Medical records from Phelps Country Regional Medical Center, Physical Therapy.

Exhibit E Medical records from Dr. James Doll.

Exhibit F Report from Dr. David King.

Exhibit G Medical records from Dr. Rothrock and Dr. James (regarding subsequent treatment).

Exhibit H Deposition for Dr. James Doll, along with CV and June 2010 report.

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

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

1. Claimant was born on July 11, 1972; on the date of the hearing she was 38 years old. She lives in Steeleville, Missouri.
2. On September 24, 2008, claimant was working for Chandler Exterior, a business owned by her father, Lonnie Chandler. Claimant's position with Chandler Exterior was parttime. She was also employed with Wal-Mart.
3. On September 24, 2008, claimant was replacing gutters for Chandler Exterior (the employer). Claimant was working on a ladder when it "kicked out," causing her to fall with her right leg caught in the rungs of the ladder. Claimant fell five or six feet to the deck.
4. Claimant was transported by ambulance to the emergency room of Missouri Baptist Hospital in Sullivan, where she complained of leg pain and x-rays revealed a right femoral fracture. ${ }^{2}$
5. Claimant was transported to Barnes-Jewish Hospital for further evaluation and treatment, including additional x-rays. Claimant's chief complaints were right knee and hip pain, as well as neck pain. The records do not mention back pain at this time. ${ }^{3}$ X-rays of the right tibia and fibula revealed an intraarticular comminuted fracture of the distal femoral diaphysis with posterior angulation and displacement of the distal fracture fragment. The x-rays of the right knee revealed the comminuted femoral fracture with a large knee effusion and soft tissue swelling. X-rays of the right femur revealed the intraarticular fracture with posterior displacement of the distal fragment. X-rays of the cervical spine revealed a mild kyphosis without a discernible fracture. Lumbar spine and pelvis x-rays were normal. A CT scan of the right knee revealed a comminuted intraarticular distal femoral fracture with lipohemarthrosis.
6. Claimant was admitted to the hospital, and on September 26, 2008, she underwent surgery by Dr. William Ricci for open reduction with internal fixation of the right intercondylar femoral fracture with intramedullary mailing. Postoperative x-rays of the femur, taken on September 26, 2008, revealed internal fixation of the distal femoral fractures with an intramedullary rod with proximal and distal interlocking screws.
7. On November 21, 2008, physical therapy began at Phelps Country Regional Medical Center. ${ }^{4}$ Contrary to claimant's testimony at trial, the therapy notes indicate that claimant's pain complaints improved after each session. Her strength and range of motion also improved. On December 16, 2008, Dr. Ricci noted that claimant's range of motion was "quite good." ${ }^{5}$ Dr. Ricci recommended that claimant advance her weight

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[^0]: ${ }^{2}$ Employer/insurer's Exh. B.

${ }^{3}$ Employer/insurer's Exh. A.

${ }^{4}$ Employer/insurer's Exh. D.

${ }^{5}$ Employer/insurer's Exh. C.

bearing as tolerated, continue physical therapy, and he released her to return to work with crutches or a cane.

1. Claimant continued with physical therapy, and on January 14, 2009, she reported that she felt like she was getting stronger. ${ }^{6}$ On January 21, 2009, claimant reported that she had no pain in her right knee prior to treatment that day and that she had no pain after treatment.
2. Dr. Ricci's February 24, 2009 notes indicate that claimant complained of shooting pain from the posterior buttock extending into her thigh and calf. The pain was affecting her ability to return to work. Physical examination of claimant's knee was normal, and she had no significant tenderness over the fracture site. The doctor noted that claimant's wounds were well-healed, and there was no significant pain on range of motion of the hip and knee. Dr. Ricci indicated that he thought that claimant had developed sciatic nerve irritation and recommended that she be evaluated for her neurologic symptoms. With respect to her fracture, Dr. Ricci released claimant to full duty. ${ }^{7}$ Dr. Ricci did not recommend any additional treatment with respect to claimant's right leg or knee