Kimberly Griggs v. C.R. England, Inc.

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 12-032897

Employee: Kimberly Griggs

Employer: C. R. England, Inc.

Insurer: New Hampshire Insurance Co.

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 December 20, 2013. The award and decision of Administrative Law Judge L. Timothy Wilson, issued December 20, 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 $11^{\text {th }}$ day of June 2014.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Kimberly Griggs

Injury No. 12-032897

Dependents: N/A

Employer: C.R. England, Inc.

Insurer: New Hampshire Insurance Co.

Additional Party: N/A

Hearing Date: October 22, 2013

Checked by: LTW

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: April 8, 2012
5. State location where accident occurred or occupational disease was contracted: Greene County, MO
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: While engaged in employment with Employer and operating a tractor-trailer on Interstate 44 Employee suffered a motor vehicle accident, which involved the tractor and trailer striking a sign and an embankment at a median crossover before coming to a rest on its left side in the median. As a consequence of this accident Employee sustained an injury in the nature of strains/sprains and contusions to multiple parts of her body, including her lumbar and cervical spine.
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: BAW (including lumbar and cervical spine)
14. Nature and extent of any permanent disability: 7.5 % BAW ( 30 weeks)
15. Compensation paid to-date for temporary disability: $\ 4,721.35
16. Value necessary medical aid paid to date by employer/insurer? $\ 26,733.92

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Kimberly Griggs

1. Value necessary medical aid not furnished by employer/insurer? None
2. Employee's average weekly wages: $\ 695.04
3. Weekly compensation rate: $\ 463.36 (TTD) / \$425.19 (PPD)
4. Method wages computation: Stipulation

1. Amount of compensation payable:

Unpaid medical expenses: None (Denied)

Weeks of unpaid temporary total disability (or temporary partial disability): None (Denied)

The employee was temporarily and totally disabled for the period of April 9, 2012, to June 18, 2012; and during this period of temporary disability Employer / Insurer paid to Employee the applicable temporary total disability compensation.

30 weeks of permanent partial disability from Employer / Insurer: $\ 12,755.70

Weeks of disfigurement from Employer / Insurer: $\quad \mathrm{N} / \mathrm{A}$

1. Second Injury Fund liability: N/A

TOTAL: $\ 12,755.70

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 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: Randy Alberhasky, Esq.

Employee: Kimberly Griggs

Injury No. 12-032897

Dependents: N/A

Employer: C.R. England, Inc.

Insurer: New Hampshire Insurance Co.

Additional Party: N/A

The above-referenced workers' compensation claim was heard before the undersigned Administrative Law Judge on October 22, 2013. The parties were afforded an opportunity to submit briefs or proposed awards, resulting in the record being completed and submitted to the undersigned on or about November 18, 2013.

The employee appeared personally and through her attorney Randy Alberhasky, Esq. The employer and insurer appeared through their attorney, Robert Musick.

The parties entered into a stipulation of facts. The stipulation is as follows:

(1) On or about April 8, 2012, C.R. England, Inc. was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time was fully insured by New Hampshire Insurance Co.

(2) On the alleged injury date of April 8, 2012, Kimberly Griggs was an employee of the employer, and was working under and subject to The Missouri Workers' Compensation Law.

(3) On or about April 8, 2012, the employee sustained an accident, which arose out of and in the course of her employment with the employer.

(4) The above-referenced employment and accident occurred in Greene County, Missouri. The parties agree to venue lying in Greene County, Missouri. Venue is proper.

(5) The employee notified the employer of her injury as required by Section 287.420, RSMo.

(6) The Claim for Compensation was filed within the time prescribed by Section 287.430, RSMo.

(7) At the time of the claimed accident of April 8, 2012, the employee's average weekly wage was $\ 695.04, which is sufficient to allow a compensation rate of $\ 463.36 for temporary total disability compensation /

permanent total disability compensation, and a compensation rate of $\ 425.19 for permanent partial disability compensation.

(8) Temporary total disability compensation has been provided to the employee in the amount of $\ 4,721.35, payable for the period of April 9, 2012, to June 18, 2012.

(9) The employer and insurer have provided medical treatment to the employee, having paid $\ 26,733.92 in medical expenses.

The issues to be resolved by hearing include:

(1) Whether the employer and insurer are obligated to pay for certain past medical care and expenses?

(2) Whether the employee has sustained injuries that will require additional or future medical care in order to cure and relieve the employee from the effects of the injuries?

(3) Whether the employee is entitled to temporary total disability compensation?

(4) Whether the employee sustained any permanent disability as a consequence of the claimed accident of April 8, 2012; and, if so, what is the nature and extent of the disability?

The employee testified at the hearing in support of her claim. Also, the employee offered for admission the following exhibits:

Exhibit A. Medical Records from Advanced Radiology Exhibit B Medical Records of Brown Chiropractic (Certified 04-16-2013)

Exhibit C Medical Records of Brown Chiropractic (Certified 10-08-2013)

Exhibit D Medical Records from Mercy Hospital-Springfield

Exhibit E Medical Records from MO Occupational Injury Center

Exhibit F Medical Records from Moberly Regional Medical Center (Certified 02-01-2013)

Exhibit G Medical Records from Moberly Regional Medical Center (Certified 10-10-2013)

Exhibit H Medical Records from Peak Performance

Exhibit I Medical Records from Providence Urgent Care

Exhibit J Medical Records from University Hospital \& Clinics

Exhibit K Medical Bills from Moberly Regional Medical Center

Exhibit L Withdrawn

Exhibit M Medical Report of P. Brent Koprivica, M.D.

(Inclusion of Attachments)

Exhibit N Claim for Compensation

Exhibit O ..... Answer of Employer \& Insurer to Claim for Compensation

Exhibit P Missouri Uniform Crash Report (Report No. 120209213)

Exhibit Q ..... Section 287.210, RSMo Letter Dated September 6, 2012

(In Re: Medical Report of Dr. Koprivica, Dated July 18, 2012)

Exhibit R ..... Section 287.210, RSMo Letter Dated September 23, 2012

(In Re: Medical Report of Dr. Koprivica, Dated November 12, 2012)

Exhibit S ..... Section 287.210, RSMo Letter Dated January 14, 2013

(In Re: Medical Report of Dr. Koprivica, Dated December 15, 2012)

Exhibit T Disclosure of Medical Records Letter Dated January 30, 2013

Exhibit U Disclosure of Medical Records Letter Dated February 11, 2013

Exhibit V Disclosure of Medical Records Letter Dated April 8, 2013

Exhibit W Disclosure of Medical Records Letter Dated April 24, 2013

Exhibit X Disclosure of Medical Records Letter Dated October 14, 2013

Exhibit Y Deposition of Kimberly Griggs

The exhibits were received and admitted into evidence. (Exhibit L was withdrawn as an exhibit, resulting in the undersigned neither receiving nor admitting it into evidence.)

The employer and insurer did not present any witnesses at the hearing of this case. The employer and insurer, however, offered for admission the following exhibits:

Exhibit 1. Complete Medical Report of David K. Ebelke, M.D.

Exhibit 2. Complete Medical Report of Kevin Donserm Komes, M.D.

Exhibit 3. Deposition of Kimberly Griggs

Exhibit 4. Summary of Indemnity Paid to Date

Exhibit 5. Summary of Medical Expenses Paid to Date

The exhibits were received and admitted into evidence.

In addition, the parties identified several documents filed with the Division of Workers' Compensation, which were made part of a single exhibit identified as the Legal File. The undersigned took administrative or judicial notice of the documents contained in the Legal File, which include:

- Notice of Hearing

- Order of Dismissal of Claim against Second Injury Fund

- Dismissal Without Prejudice (Request of Employee to Dismiss SIF)

- Answer of Second Injury Fund to Claim for Compensation

- Answer of Employer/Insurer to Claim for Compensation

- Claim for Compensation

All exhibits appear as the exhibits were received and admitted into evidence at the evidentiary hearing. There has been no alteration (including highlighting or underscoring) of any exhibit by the undersigned judge.

The employee, Kimberly Griggs, is 44 years of age, having been born on January 26, 1969. Ms. Griggs resides in Cliffton Hills, Missouri. She has three biological children, who are in their 20s (approximate ages of 22, 26 and 28).

Ms. Griggs enjoys limited education; she did not graduate from high school. However, subsequent to dropping out of high school, in or around 1985 or 1986 she obtained certification as a nursing assistant (CNA). She later obtained a GED and attended Moberly Area Community College for approximately two years. Also, in 2004 she obtained her Class A commercial driver's license. Ms. Griggs has worked in a variety of employment settings, and her employment history includes working as a cashier, waitress, CNA, and as a truck driver.

In or around March 2004 Ms. Griggs obtained employment with the employer, C.R. England, Inc. Initially, her association with C.R. England, Inc. involved attending the company's truck driving school in Utah. This training included classroom instruction, road training, and driving with a trainer over highways and bi-ways, followed by a final road test and receiving her CDL. Ms. Griggs noted that the road training was approximately one month long and the driving with a trainer continued for additional per