Sylvia Llanos v. American Airlines

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-064038

Employee: Sylvia Llanos

Employer: American Airlines

Insurer: American Home Assurance Company

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

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 $\S 286.090$ RSMo, the Commission affirms the award and decision of the administrative law judge dated May 17, 2013. The award and decision of Administrative Law Judge Kathleen M. Hart, issued May 17, 2013, 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 $25^{\text {th }}$ day of September 2013.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Sylvia LLanos

Departments: $\mathrm{n} / \mathrm{a}$

Employer: American Airlines

Additional Party: Second Injury Fund (SIF)

Insurer: American Home Assurance

Hearing Date: February 28, 2013

Injury No.: 03-064038

Before the<br>Division of Workers' Compensation<br>Department of Labor and Industrial<br>Relations of Missouri<br>Jefferson City, Missouri

Checked by: KMH

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: on or about June 23, 2003
5. State location where accident occurred or occupational disease was contracted: St. Louis
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 injured her upper extremities as a result of repetitive work.
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 and left upper extremities
14. Nature and extent of any permanent disability: 17.5 % each wrist
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? None

1. Value necessary medical aid not furnished by employer/insurer? None
2. Employee's average weekly wages: 562.00
3. Weekly compensation rate: 374.67/$340.12
4. Method wages computation: Stipulation

1. Amount of compensation payable:

1. Second Injury Fund liability: Yes
2. 26.17 weeks of permanent partial disability from Second Injury Fund: 8,900.94

TOTAL: 53,715.16

1. Future requirements awarded: None

Said payments to begin immediately and to be payable and be 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:

Clare Behrle

Employee: Sylvia Llanos

Dependents: $\mathrm{n} / \mathrm{a}$

Employer: American Airlines

Additional Party: Second Injury Fund

Insurer: American Home Assurance

Injury No.: 03-064038

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: KMH

A hearing was held on the above captioned matter February 28, 2013. Sylvia Llanos (Claimant) was represented by attorney Clare Behrle. American Airlines (Employer) was represented by attorney Ben Shelledy. The SIF was represented by Assistant Attorney General Dustin Mayer.

All objections not expressly ruled on in this award are overruled to the extent they conflict with this award.

Claimant alleges she was injured by occupational disease arising out of and in the course and scope of her employment on or about June 23, 2003. Employer denies liability and has paid no benefits.

The parties stipulated to the following:

1. Employer and Claimant were operating under the provisions of the Missouri Workers' Compensation law on the date of the alleged injury.
2. Employer's liability was fully insured by American Home Assurance.
3. Employer had notice of the alleged injury and a claim for compensation was timely filed.
4. Claimant's average weekly wage was $\ 562.00 and her rate for TTD and PTD is $\ 374.67 and for PPD is $\ 340.12.

The parties stipulated the issues to be resolved are as follows:

1. Arising out of and in the course of employment

1. Occupational disease
2. Medical causation
3. Liability for past medical expenses of $\ 15,055.85
4. Future medical care
5. Temporary total disability from December 22, 2003 through March 15, 2004.
6. Permanent disability, disfigurement and multiplicity.
7. Second Injury Fund liability

Based on the competent and substantial evidence, my observations of Claimant at trial, and the reasonable inferences to be drawn therefrom, I find:

1. Claimant is a 55 year-old female who worked for Employer from 1997 through August 2003. Her first job with Employer was as a commissary employee. She filled the beverage carts, stacked drinks, cleaned the carts, brought them to the trucks, and put them in the plane.
2. Claimant injured her low back in January 1998 when she fell into a dumpster at work. She was treated at BarnesCare, and settled this case for 7.5 % PPD to the low back. Claimant testified she continued to work but had constant pain and took Tylenol and Advil leading up to her 2003 injury. She wore a belt when she began working as a ramp service employee loading luggage into the plane, and she had to ask for help with lifting heavy luggage. She worked slower and had to use sick leave on occasion because of low back pain. She testified she got in trouble at work because of her need to use sick leave.
3. Claimant developed hand complaints in 1998, and attributed these complaints to her repetitive work. Employer denied liability. A Judge heard the case and issued a temporary award finding Claimant's hand condition was work related. Employer provided treatment with Dr. Ollinger, and Claimant had endoscopic bilateral carpal tunnel releases in 1999. Claimant returned to work and settled this case for 15 % PPD of each wrist.
4. Claimant testified she had slight improvement in her symptoms, but she continued to have pain, numbness and tingling in both hands. She took medication and missed time from work due to her hand complaints. She had difficulty at work and at home but was able to keep working and to do things at home.
5. In 2001 Claimant changed jobs with Employer and began working as a ramp employee. She cleaned the interior of planes and flagged planes to the runway. She spent most of her time loading luggage onto the plane. Much of the luggage weighed from fifty to eighty pounds. She worked on a team where two people waited outside the plane for the luggage cart and lifted the luggage onto the belt and into the plane.

One person on the team worked inside the plane to stack and arrange the luggage. When she worked in the belly of the plane, she was on her knees lifting and pushing the luggage into place. Claimant had to get help from a co-worker for the heavier pieces of luggage. Most planes had 80-120 pieces of luggage, and took about fortyfive minutes to load. The team also loaded wheelchairs, packages, and bags of mail. Claimant typically worked four planes per shift. This was a physically demanding job, it was hand intensive, and it required heavy lifting. This was harder than her job in the commissary.

1. In July 2001,Claimant injured her neck and shoulder when she was moving a heavy piece of baggage. She developed arm pain and swelling, and Employer authorized treatment. She treated with multiple doctors, and had physical therapy and a cervical MRI. She was diagnosed with a C5-6 herniation and a small protrusion at C4-5. She settled this case with Employer for 15.18 % of the cervical spine. Claimant testified she continued to have pain leading up to her primary injury. She took over the counter medication and some prescription pain medication for her neck and shoulder prior to the primary injury. Her pain caused her difficulty at work, and she had to ask for assistance with lifting. She lost time from work because of her pain. She got in trouble at work for using sick time. She worked slower due to her pain, and continues to have neck pain radiating into her left arm as a result of this injury.
2. Claimant testified the hand complaints she had since her 1998 injury got worse in 2001. She had an increase in pain, numbness and tingling in her hands. She associated her increase in hand complaints to her job as a ramp service employee.
3. In June 2003, as Claimant was lifting a heavy piece of luggage, it fell and hit her chest. Claimant reported the injury, and Employer sent her to BarnesCare. Claimant testified she also told the doctor and her supervisor that she had pain and swelling in her hands from lifting luggage. Claimant testified her chest symptoms improved, but her hands continued to bother her. BarnesCare recommended a hand surgery consultation, and Employer sent Claimant to Dr. Ollinger.
4. Dr. Ollinger examined her and did not recommend treatment. He noted his physical examination showed no active physical pathology. He opined the history and exam did not "yield a diagnosis and do not produce validation for energy to form objective testing or any specific treatment." He recommended Claimant see her personal physician if her symptoms continued.
5. Claimant saw her primary care physician, Dr. Alvarez, in early July 2003. He referred her to Dr. Jafri for nerve conduction studies. These showed right median neuropathy, and Dr. Jafri referred Claimant to Dr. Glogovac for treatment. Dr. Glogovac opined Claimant either had recurrent carpal tunnel syndrome or incomplete releases. He performed an open right carpal tunnel decompression in December 2003 and left decompression in January 2004. Dr. Glogovac noted he found a flattened nerve with significant pressure at the time of his surgeries. Claimant testified her symptoms returned within a few months of these surgeries.

1. Given Claimant's ongoing symptoms, Dr. Glogovac opined Claimant might have compression at the pronator teres level bilaterally. Claimant saw Dr. Black to determine whether she had pronator teres syndrome and needed additional treatment. In January 2005 Dr. Black found Claimant had positive Tinel's over both carpal tunnels and ulnar nerves. He sent Claimant for additional studies, which showed right carpal tunnel syndrome. Dr. Black's associate, Dr. Gelberman, reviewed the studies and opined a pronator release would not re