Shirley Woodruff v. Health Management Associates, Inc.

(Modifying Award and Decision of Administrative Law Judge)

Injury No.: 07-072722

Employee: Shirley Woodruff

Employer: Health Management Associates, Inc. (Settled)

Insurer: Liberty Mutual Ins. Co. (Settled)

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

This workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by $\S 287.480 RSMo. Pursuant to \S 286.090$ RSMo, we issue this final award and decision modifying the April 17, 2012, award and decision of the administrative law judge. We adopt the findings, conclusions, decision, and award of the administrative law judge to the extent that they are not inconsistent with the findings, conclusions, decision, and modifications set forth below.

The parties stipulate that we modify the administrative law judge's award by the inclusion of the following language:

Employee's husband, Mike Woodruff, is entitled to receive Employee's

Permanent Total Disability benefits in the event he remains married to Employee and Employee predeceases him while they remain married. His entitlement to Permanent Total Disability benefits shall cease upon his death or remarriage.

We accept the stipulation and we modify the award accordingly.

We approve and affirm the administrative law judge's allowance of attorney's fee as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

The award and decision of Administrative Law Judge Maureen Tilley, issued April 17, 2012, is attached and incorporated by this reference except to the extent modified herein.

Given at Jefferson City, State of Missouri, this $\qquad 9^{\text {th }} \qquad$ day of November 2012.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

VACANT

Chairman

James Avery, Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Shirley Woodruff Injury No: 07-072722

Employer: Health Management Associates, Inc. (Settled)

Insurer: Liberty Mutual Insurance Company (Settled)

Additional Party: Treasurer of the State of Missouri, Custodian of Second Injury Fund

Hearing Date: January 30, 2012 Checked by mt/kb

1. Are any benefits awarded herein? Yes.
2. Was the injury compensable under Chapter 287? Yes.
3. Was there an accident under the law? Yes.
4. Date of accident? July 11, 2007.
5. State location where accident occurred: Butler County, Missouri.
6. Was above employee in employ of above employer at time of alleged accident? Yes.
7. Did employer receive proper notice? Yes.
8. Did accident 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 happened: Employee was attempting to stand from a deep squat in a cramped location and in an awkward position when she fell backwards and struck a chair. The fall caused her injuries.
12. Did accident cause death? No.
13. Part(s) of body injured by accident: Back and body as a whole.

The hearing in this matter was conducted on January 30, 2012 before Administrative Law Judge Maureen Tilley. The Employee, Shirley Woodruff appeared in person and by her attorney Ronald L. Little. The Second Injury Fund was represented by Assistant Attorney General Jonathan Lintner.

The accident, which is the subject of this claim for compensation, occurred in Butler County, Missouri and the hearing was conducted in Poplar Bluff, Butler County, Missouri. The Administrative Law Judge took judicial notice of all the records contained within the files of the Division of Workers' Compensation.

At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues together with a Summary of the Evidence and Findings of Fact and Rulings of Law are set forth below.

1. Covered Employer: Employer was operating under and subject to the provisions of the Missouri Workers Compensation Act and liability was fully insured by Liberty Mutual Insurance Company.
2. Covered Employee: On or about July 11, 2007, Shirley Woodruff was an Employee of Health Management Associates, Inc. d/b/a Poplar Bluff Regional Medical Center and was working under the Workers' Compensation Act.
3. Notice: Employer had notice of Employee's accident.
4. Statute of Limitations: Employee's claim was filed within the time allowed by law.
5. Average Weekly Wage and Rate: Employee's average weekly wage was $\ 647.20 resulting in a weekly compensation rate for TTD/PTD and Death of $\ 431.47 and a weekly compensation rate for PPD of $\ 389.04.
6. Medical Causation: Employee's injury was medically causally related to the work accident of July 11, 2007.
7. Medical Aid furnished by Employer/Insurer: None. (See stipulation for compromise settlement).
8. Temporary Disability paid by Employer/Insurer: $\ 3,039.38 for 7 weeks.

1. Maximum Medical Improvement: The parties agree that Employee attained maximum medical improvement on June 11, 2008.

1. Accident: The parties agree that Employee suffered an accident at work on July 11, 2007 in that she fell. The only controversy is whether or not the accident was "idopathic".
2. Second Injury Fund Liability: Nature and extent of Second Injury Fund liability - ppd vs. ptd
3. Dependency under Schoemehl: Dependency of Mike Woodruff as spouse of Employee and his entitlement to the continuation of ptd benefits upon the death of Employee.

Employee's Exhibits: The following exhibits on behalf of Employee were admitted into evidence at trial. The objections contained within the deposition transcripts were reserved by the Second Injury Fund and were taken by the Administrative Law Judge with the case. All objections have been overruled.

Exhibit A - 3/29/10 Dr. Wayne Stillings Deposition and Exhibits

Exhibit B - 4/1/10 and 4/19/10 Dr. Raymond Cohen Deposition and Exhibits

Exhibit C - 3/22/10 Mr. James England Deposition and Exhibits

Exhibit D - Kneibert Clinic 1/8/85 to 1/12/12 Medical Records

Exhibit E - Cape Neurological Surgeons 5/10/99 to 6/11/08 Medical Records

Exhibit F - St. Francis Medical Center 6/1/99 to 11/29/07 Medical Records

Exhibit G - Poplar Bluff Regional Medical Center 8/31/04 to 8/2/07 Medical Records

Exhibit H - Poplar Bluff Neurology 1/25/07 Medical Records

Exhibit I - Division of Workers' Compensation Records

Exhibit J - Attorney Contracts

Second Injury Fund Exhibits: The Second Injury Fund did not offer any exhibits at trial.

The Employee, Shirley Woodruff, testified live at the trial. Ms. Woodruff is 53 years old. She was born May 8, 1958, stands 5' 2" and weighs 150 pounds. She married Mike Woodruff in 1984 and they have two independent, adult children: Candace, age 27 and Joey, age 25. Mr. \& Mrs. Woodruff were married at the time of her work accident and have been continuously married since.

Ms. Woodruff grew up in Poplar Bluff, Butler County, Missouri and graduated from Poplar Bluff High School in 1976. She obtained an associate's degree in general studies from Three Rivers Community College and a bachelor's degree from Arkansas State University in Jonesboro majoring in psychology.

In approximately 2002, the limited use of a computer was incorporated into her work at the hospital. From that exposure she has some basic computer skills.

Her level of education is not an impediment to her ability to work.

Ms. Woodruff worked at the Poplar Bluff Regional Medical Center (for Health Management Associates, Inc., Employer herein) from October 1991 through July 11, 2007, the date of her work injury. During that time she was the activities director for the mental health unit of the hospital. As a member of the mental health unit staff, she attended daily staff meetings, performed daily cognitive assessments of the patients and kept track of patient rates of recidivism. During her 15+ years at the hospital, her duties were essentially the same - working with chronically ill mental health patients in acute situations requiring hospitalization. Many of the patients had borderline personality disorders. She identified suicide attempts and selfmutilation as examples of acute behavior issues requiring intervention and hospitalization.

While she was working for the hospital she attended annual accreditation conferences at the Tan-Tar-A Resort in Osage Beach, Missouri. She started attending these conferences in approximately 2000. Ms. Woodruff would leave the day before the conference to give her ample travel time. It typically took her longer than most to make the trip because of her need to stop periodically to stretch her back and legs.

At the time of her July 2007 work accident a man named Jack was her supervisor. He performed the annual personnel reviews. She did not recall ever receiving a bad review but did remember getting "in trouble" on a couple of occasions: once when a patient hit her and another when a patient was quick to light a cigarette.

Ms. Woodruff explained that upon her return to work following her second back surgery in 1999, she was no longer allowed to participate in the "doctor strong" calls. She explained that a "doctor strong" call is the code to alert the staff of a violent patient to be subdued and a call for all able-bodied employees to assist. Ms. Woodruff said she did not respond to the call but was in the hallway when a naked lady came running in her direction. She started talking to the lady and coaxed her into a room where the conversation continued. When Ms. Woodruff got up to leave, the lady didn't want her to go, got mad and ended up striking Ms. Woodruff.

The other time she got in trouble resulted from a patient smoke break. At that time, a member of the staff was required to take the patients across the street and off hospital property to

smoke. She got fussed at because one of the patients lit a cigarette before they were off hospital property.

Ms. Woodruff had an accident at work on July 11, 2007 resulting in injury to her low back and body as a whole. She had conducted a group activity session with unit patients. At the end of that session she was gathering up project supplies and loading them onto the bottom shelf of a rolling cart. Ms. Woodruff regularly used this rolling cart to transport activity supplies to and from her office for each group session. She was squatted down in a tight space and in an awkward position, reaching back and forth taking the parts and supplies from the patients and loading them on the lower shelf of the cart. After being down in that deep squat for some 3-5 minutes, she moved to stand but instead fell backwards and struck a chair