Sheri Hill-Wurtz v. Diocese of Jefferson City/Holy Cross Catholic Church

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 01-164519

Employee: Sheri Hill-Wurtz

Employer: Diocese of Jefferson City/Holy Cross Catholic Church

Insurer: Continental Western Insurance 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 § 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated April 26, 2013, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Vicky Ruth, issued April 26, 2013, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 18th 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:

Secretary

1. Are any benefits awarded herein? No.
2. Was the injury or occupational disease compensable under Chapter 287? No.
3. Was there an accident or incident of occupational disease under the Law? No.
4. Date of accident or onset of occupational disease: alleged February 24, 2001 (01-167511) and March 3, 2001 (01-164519).
5. State location where accident occurred or occupational disease was allegedly contracted: Cuba, 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? No.
8. Did accident or occupational disease arise out of and in the course of the employment? No.
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 alleges she was pulling or lifting a floor buffer up some stairs when the buffer fell on top of her.
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: alleged low back with radicular symptoms.
14. Nature and extent of any permanent disability: none.

Employee: Sheri Hill-Wurtz

1. Compensation paid to-date for temporary disability? None.
2. Value necessary medical aid paid to date by employer/insurer? None.
3. Value necessary medical aid not furnished by employer/insurer? N/A.
4. Employee's average weekly wages: $\ 242.30.
5. Weekly compensation rate: $\$ 161.53 / \ 161.53.
6. Method wages computation: by agreement.

1. Amount of compensation payable from Employer: none.
2. Second Injury Fund liability: N/A.
3. Future Requirements Awarded: none.

Employee: Sheri Hill-Wurtz

Injury No. 01-164519

Dependents: N/A

Employer: Diocese of Jefferson City, Holy Cross Catholic Church

Additional Party: Second Injury Fund

Insurer: Continental Western Insurance

Hearing Dates: December 5, 2012,

January 22, 2013, and

January 24, 2013

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

On December 5, 2012, January 22, 2013, and January 24, 2013, the claimant, the employer/insurer and the Second Injury Fund appeared for a final award hearing. The claimant, Sheri Hill-Wurtz, was represented by attorney Ronald D. Edelman; attorney Marshall Edelman was also present. The employer/insurer was represented by attorney Susan Turner. The Second Injury Fund was represented by attorney Cara Harris. This case was tried at the same time as Injury No. 01-167511; a separate award will be issued in that case. The claimant testified in person at the trial and through multiple depositions. Justin Ray and Father Robert Duesdieker testified by deposition and in person at the trial. Dr. Robert Poetz, Dr. Matthew Gornet, Gary Weimholt, and Dr. Joel Jeffries testified by deposition.

The administrative law judge set a deadline of February 21, 2013, for the filing of briefs. At claimant's request, the deadline was later extended to March 7, 2013. Claimant submitted her brief on March 5, 2013. The Second Injury Fund submitted its brief on March 6, 2013. The employer/insurer submitted its brief on March 7, 2013, and the record closed at that time.

As to the alleged February 2001 injury (Injury No. 01-167511), the parties stipulated to the following:

On or about February 24, 2001, claimant was an employee of Holy Cross Catholic Church/The Diocese of Jefferson City (the employer).

1. The employer was operating subject to Missouri's workers' compensation law.
2. The employer's liability for workers' compensation was insured by Continental Western Insurance Company.
3. The Missouri Division of Workers' Compensation has jurisdiction and venue in Phelps County is proper.
4. A Claim for Compensation was filed within the time prescribed by law.

1. At the time of the alleged occupational disease or accident, claimant's average weekly wage was $\ 242.30, yielding a weekly compensation rate of $\ 161.53 for permanent total disability benefits, permanent partial disability benefits, and temporary total disability benefits.
2. No medical aid was provided.
3. No temporary disability benefits were paid.

As to the alleged March 2001 injury (Injury No. 01-164519), the parties stipulated to the following:

1. On or about March 3, 2001, claimant was an employee of Holy Cross Catholic Church/The Diocese of Jefferson City (the employer).
2. The employer was operating subject to Missouri's workers' compensation law.
3. The employer's liability for workers' compensation was insured by Continental Western Insurance Company.
4. The Missouri Division of Workers' Compensation has jurisdiction and venue in Phelps County is proper.
5. A Claim for Compensation was filed within the time prescribed by law
6. At the time of the alleged occupational disease or accident, claimant's average weekly wage was $\ 242.30, yielding a weekly compensation rate of $\ 161.53 for permanent total disability benefits, permanent partial disability benefits, and temporary total disability benefits.
7. No medical aid was provided.
8. No temporary disability benefits were paid.
9. Claimant's date of maximum medical improvement was December 5, 2005.

At the hearing, the parties agreed that the issues to be resolved in Injury No. 01-167511 (the February 24, 2001 injury), are as follows:

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.
4. Notice.
5. Medical aid - reasonableness and necessity.
6. Second Injury Fund liability.

The parties also agreed that the issues to be resolved in Injury No. 01-164519 (the March 3, 2001 injury) are as follows:

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 or permanent total disability.
4. Notice.
5. Medical aid - reasonableness and necessity.

1. Second Injury Fund liability.
2. Failure to provide medical treatment/unpaid medical bills in the amount of $\ 34,396.68.
3. Future medical aid.
4. Unpaid temporary total disability benefits for the period of April 10, 2001 through December 5, 2005 .

On behalf of the claimant, the following exhibits were entered into evidence:

Exhibit A Records of the Division of Workers' Compensation.

Exhibit B Deposition of Robert Poetz, with Exhibits.

Exhibit C Deposition of Matthew Gornet, with Exhibits.

Exhibit D Deposition of Gary Weimholt with Exhibits.

Exhibit E Deposition of Sheri Hill-Wurtz (1/08/03).

Exhibit F Deposition of Sheri Hill-Wurtz (7/14/08).

Exhibit G Deposition of Justin Ray (8/05/09).

Exhibit H Deposition of Father Robert Duesdieker (8/05/04).

Exhibit I Medical records from Mercy Clinic (Dr. Mason).

Exhibit J Medical records from BJC Health Center.

Exhibit K Medical records from Missouri Baptist Sullivan Hospital and from

Missouri Baptist Sullivan Hospital and Physical Therapy.

Exhibit L Medical records from Phelps County Regional Medical Center.

Exhibit M Medical records from Missouri Baptist Medical Office.

Exhibit N Medical records from Mid County Orthopedics.

Exhibit O Medical records from North Kansas City Hospital.

Exhibit P Medical records from Truman Medical Centers (Lakewood).

Exhibit Q Medical records from Capital Region Medical Center.

Exhibit R Medical records from St. John's Clinic-Rolla/Rolla Medical Group.

Exhibit S Medical records from St. John's Regional Health Center.

Exhibit T Medical records from The Headache and Pain Center.

Exhibit U Medical records from Midwest Neurosurgery Associates (Dr. Chilton).

Exhibit V Medical records from St. John's Clinic/Mercy Clinic-Rolla.

Exhibit W Medical records from St. John's Mercy Clinic, SJC Rolla, MMG Imaging

Services.

Exhibit X Medical records from Patients First Health Care-Cuba (Dr. Lamble).

Exhibit Y Medical records from Phelps County Regional Medical Center.

Exhibit Z Medical records from Missouri Baptist Hospital -Sullivan.

Exhibit AA Medical records from Cuba Chiropractic Center/Arthur Gross, D.C.

Exhibit BB Medical records from Mercy Medical Group - Cuba (Dr. Nichols).

Exhibit CC Medical records from Southeast Missouri Mental Health Center.

Exhibit DD Billing records from Towne Pharmacy - Cuba.

Exhibit EE Personnel file with letter and Certificate of Appreciation.

Exhibit FF Billing records from Missouri Baptist Sullivan Hospital.

Exhibit GG Billing records from St. John's Clinic.

Exhibit HH Billing record from Patients First - Cuba.

The following exhibits were admitted into the record without objection on behalf of the employer/insurer: ${ }^{1}$

Exhibit 1 Deposition of Dr. Joel Jeffries, with report