Laveta Van Norman v. Fulton State Hospital

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 09-101343

Employee: Laveta J. Van Norman

Employer: Fulton State Hospital (Settled)

Insurer: C A R O (Settled)

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 August 16, 2013. The award and decision of Administrative Law Judge Vicky Ruth, issued August 16, 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 $17^{\text {th }}$ day of December 2013.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Laveta J. Van Norman

Injury No. 09-101343

Dependents: N/A

Employer: Fulton State Hospital (SETTLED)

Insurer: State of Missouri, c/o CARO

(SETTLED)

Checked by: VR/np

Hearing Date: May 7, 2013

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: December 27, 2009.
5. State location where accident occurred or occupational disease was contracted: Callaway 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 attempted to sit down in a chair at a desk at work and missed the chair, 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: left knee and low back.
14. Nature and extent of any permanent disability: 25 % of the left knee and 12.5 % of the body as a whole referable to the low back.
15. Compensation paid to-date for temporary disability: N/A.
16. Value necessary medical aid paid to date by employer/insurer? N/A.
17. Value necessary medical aid not furnished by employer/insurer? N/A.

1. Employee's average weekly wages: $\ 626.85.
2. Weekly compensation rate: $\ 417.89.
3. Method of wages computation: by agreement.

1. Amount of compensation payable from employer: previously settled.
2. Second Injury Fund liability: Yes.

15.137 weeks $\mathrm{x} \$ 417.89=\ 6,325.60.

1. 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: The Van Camp law firm.

Employee: Laveta J. Van Norman

Injury No. 09-101343

Dependents: N/A

Employer: Fulton State Hospital (SETTLED)

Additional Party: Second Injury Fund

Insurer: State of Missouri, c/o CARO (SETTLED)

Before the

DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

On May 7, 2013, Laveta Van Norman (the claimant) and the Second Injury Fund appeared in Jefferson City, Missouri, for a final award hearing regarding the Second Injury Fund claim. Claimant was represented by attorney Christine Kiefer. The Second Injury Fund was represented by attorney Kristin Frazier. Claimant testified in person at the hearing and by deposition. Dr. A. E. Daniel, Phillip Eldred, Dr. David Volarich, and James England testified by deposition. The parties submitted briefs on May 31, 2013, and the record closed at that time.

The parties stipulated to the following:

1. On or about December 27, 2009, Laveta Van Norman (the claimant) was an employee of the State of Missouri, Fulton State Hospital (the employer), when she sustained an injury by accident to her left knee and low back while in the course and scope of her employment with employer. The parties disagree as to whether claimant also sustained a psychological injury as a result of the accident.
2. The employer was operating subject to the provisions of Missouri Workers' Compensation Law.
3. The employer's liability for workers' compensation was self-insured by the State of Missouri, in care of CARO.
4. The Missouri Division of Workers' Compensation has jurisdiction and venue in Callaway County is proper. For trial purposes, venue is also proper in Jefferson City, Missouri.
5. Notice is not an issue.
6. Claimant filed a Claim for Compensation within the time prescribed by law.
7. Claimant's average weekly wage was $\ 626.85, yielding a weekly compensation rate of $\ 417.89 for permanent partial, permanent total, and temporary total disability benefits.

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

1. Whether claimant is permanently and totally disabled.
2. In the alternative, whether claimant sustained permanent partial disability.
3. Medical causation as to a psychiatric injury.
4. Liability, if any, of the Second Injury Fund.

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

Exhibit A Stipulation for Compromise Lump-Sum Settlement, Injury No. 09-101343

Exhibit B Stipulation for Compromise Lump-Sum Settlement, Injury No. 11-004820

Exhibit C Stipulation for Compromise Lump-Sum Settlement, Injury No. 11-030618

Exhibit D Deposition and report of Dr. A.E. Daniel

Exhibit E Deposition and report of Phillip A. Eldred

Exhibit F Deposition and report of Dr. David Volarich

Exhibit G Records from the Missouri Division of Workers' Compensation

Exhibit H Medical records from Advanced Radiology

Exhibit I Medical records from Columbia Orthopedic Group

Exhibit J Medical records from Atlas Physical Therapy

Exhibit K Medical records from Columbia Orthopedic Group

Exhibit L Medical records from Runde Occupational \& Environmental Physicians

Exhibit M Medical records from Select Physical Therapy

Exhibit N Medical records from Callaway Community Hospital

Exhibit O Medical records from Callaway Physicians

Exhibit P Medical records from Fulton Medical Clinic

Exhibit Q Medical records from Capital Region Corporate Health

Exhibit R Medical records from University Hospital and Clinics

Exhibit S Medical records from Fulton Medical Clinic

Exhibit T Medical records from Callaway Physicians

Exhibit U Medical records from Marilyn H. White, Ph.D.

Exhibit V Medical records from Runde Occupational \& Environmental Physicians

Exhibit W Medical records from Atlas Physical Therapy

Exhibit X Medical records from The Orthopedic Center of St. Louis

Exhibit Y Medical records from Columbia Orthopedic Group

Exhibit Z Medical records from Pain Treatment Center, Inc./Dr. Graham

Exhibit AA Medical records from Runde Occupational \&

On behalf of the Second Injury Fund, the following exhibits were entered into evidence without objection:

Exhibit 1 Deposition of claimant

Exhibit 2 Deposition of James England

Exhibit 3 Copies of stipulations and dismissals

Note: All marks, handwritten notations, highlighting, or tabs on the exhibits were present at the time the documents were admitted into evidence. All depositions were admitted subject to any objections contained therein. Unless noted otherwise, the objections are overruled.

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

1. Claimant was 58 years old at the time of the hearing. She lives in St. Charles, Missouri, with her adult son and his girlfriend. Claimant has a high school diploma. Her only additional education or certification was CPR training.
2. Claimant worked for the State of Missouri, Fulton State Hospital (the employer), where she was employed for 18 years as a Security Aide I. Her last day of employment was June 27, 2011. As a Security Aid I, her responsibilities included the supervision and care of mentally ill patients. She was required to assist in volatile situations ("staff supports") if and when patients became violent.
3. Claimant's previous employment consisted of working in patient care in a nursing home, working as a waitress and a cook's helper, and working in a factory.
4. On December 27, 2009, claimant sustained an injury by accident arising out of and in the course and scope of employment with the employer. The accident occurred when claimant attempted to sit down in a chair at a desk, missed the chair, and fell to ground.
5. At the trial, claimant testified that she had immediate pain in the low back, shoulders, buttocks, and left knee. She reported the injury and completed a Report of Injury form. In her deposition, taken September 8, 2012, claimant described her condition immediately after the accident as being in shock and feeling stiff; she did not mention pain. ${ }^{1}$ She did note, however, that when she returned to work for her next shift, she was aching.
6. On December 28, 2009, claimant treated with Dr. Eddie Runde; at that visit, claimant told Dr. Runde that she did not have any pain immediately after the incident and she

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[^0]: ${ }^{1} Exh. 1, p. 57.

did not hit her head. { }^{2}$ The records indicate she complained of back, elbow, and bilateral knee pain. Dr. Runde diagnosed claimant with back pain status post fall onto the buttocks. He placed claimant on restricted duty, noting she was not to participate in staff supports.

1. On January 6, 2010, claimant returned to Dr. Runde complaining of continuing pain in her lower pain. ${ }^{3}$ Claimant did not believe she was getting better. Dr. Runde ordered an x-ray to rule out any bony injury. He continued her on restricted duty.
2. In his January 13, 2010 notes, Dr. Runde recorded that claimant continues to have pain, mostly in her lower back. The doctor noted the recent x-ray report shows claimant has degenerative changes in the lumbosacral spine. There was also shortening of the vertebral body at L4; this was thought to be either due to an acute compression deformity or possibly due to an underlying degenerative process. ${ }^{4}$ Dr. Runde's diagnosis was low back pain, with possible compression fracture of L4. He recommended claimant be referred to an orthopedic surgeon for further evaluation of the possible compression fracture of L4. He continued claimant on restricted duty.
3. On January 28, 2010, claimant was examined by Dr. Matt Thornburg, who noted that claimant is a "very difficult historian, making it difficult to assess exactly what is going on." ${ }^{5}$ His assessment was low back pain, questionable changes consistent with a compression fracture at L4, and possible acute coccygeal injury. He ordered an MRI and physical therapy.
4. At the February 10, 2010 visit, Dr. Thornburg recorded that the MRI did not show any obvious compression fractures. The study did reveal transitional anatomy at the lumbosacral junction, and that claimant has some stenosis at L4-5 and L3-4. Dr. Thornburg's assessment was simply low b