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Mike Brune v. Johnson Controls (aka Hoover Universal, Inc.)

Decision date: July 25, 201413 pages

Summary

The Missouri LIRC affirmed the Administrative Law Judge's award finding that the employee Mike Brune sustained a compensable occupational disease to his bilateral hands from repetitive work as an Assembly Tech on June 1, 2004. The employer and self-insurer are ordered to provide all required benefits including medical treatment and temporary total disability, with the award being temporary/partial pending final determination.

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This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

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This workers' comp decision may point to a separate injury claim.

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Caption

TEMPORARY OR PARTIAL AWARD

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 04-145674

Employee: Mike Brune

Employer: Johnson Controls

a/k/a Hoover Universal, Inc.

Insurer: Self-Insured

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Open)

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by $\S 287.480$ RSMo, which provides for review concerning the issue of liability only. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commission finds that the award of the administrative law judge in this regard 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 and adopts the award and decision of the administrative law judge dated April 15, 2014.

This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of $\S 287.510$ RSMo.

The award and decision of Administrative Law Judge Karla Ogrodnik Boresi, issued April 15, 2014, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $25^{\text {th }}$ day of July 2014.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

TEMPORARY OR PARTIAL AWARD

Employee:Mike BruneInjury No.: 04-145674
Dependents:N/ABefore the <br> Division of Workers' Compensation
Employer:Johnson Controls, aka Hoover Universal Inc.Department of Labor and
Additional PartySecond Injury FundIndustrial Relations Of Missouri
Insurer:Self c/o Underwriters Safety \& ClaimsJefferson City, Missouri
Hearing Date:January 15, 2014Checked by: KOB

FINDINGS OF FACT AND RULINGS OF LAW

  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 June1, 2004
  5. State location where accident occurred or occupational disease contracted: Saint Louis 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 happened or occupational disease contracted: Claimant used his hands in a repetitive and intense matter while working as an Assembly Tech for Employer.
  12. Did accident or occupational disease cause death? No
  13. Parts of body injured by accident or occupational disease: Bilateral Hands
  14. Compensation paid to-date for temporary disability: $\ 0
  15. Value necessary medical aid paid to date by employer/insurer? Not determined
  16. Value necessary medical aid not furnished by employer/insurer? To be determined
  1. Employee's average weekly wages: $\ 733.61
  2. Weekly compensation rate: $\$ 489.07 / \ 347.05
  3. Method wages computation: By stipulation

COMPENSATION PAYABLE

  1. Amount of compensation payable:

Employer to provide all benefits required for a compensable occupational disease, including but not limited to medical treatment and temporary total disability benefits.

TOTAL:

TBD

Each of said payments to begin immediately and be subject to modification and review as provided by law. This award is only temporary or partial, is subject to further order, and the proceedings are hereby continued and the case kept open until a final award can be made.

IF THIS AWARD IS NOT COMPLIED WITH, THE AMOUNT AWARDED HEREIN MAY BE DOUBLED IN THE FINAL AWARD, IF SUCH FINAL AWARD IS IN ACCORDANCE WITH THIS TEMPORARY AWARD.

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: Dean L. Christianson

FINDINGS OF FACT and RULINGS OF LAW:

Employee:Mike BruneInjury No.: 04-145674
Dependents:N/ABefore the <br> Division of Workers' Compensation
Employer:Johnson Controls, aka Hoover Universal Inc.Department of Labor and
Additional PartySecond Injury FundIndustrial Relations Of Missouri
Insurer:Self c/o Underwriters Safety \& ClaimsJefferson City, Missouri
Hearing Date:January 15, 2014Checked by: KOB

PRELIMINARIES

The matter of Mike Brune ("Claimant") proceeded to hearing to determine if Johnson Controls, also known as Hoover Universal Inc.("Employer") is liable to Claimant for workers' compensation benefits. Attorney Dean Christianson represented Claimant. Attorney David Green represented Employer, which is self-insured. The Second Injury Fund claim was not addressed at hearing and is left open.

The parties stipulated that on or about June 1, 2004, Claimant was an employee of Employer in Earth City, Missouri, earning an average weekly wage of $\ 733.61. The rates of compensation are $\ 489.07 for temporary total disability ("TTD") benefits, and $\ 347.05 for permanent partial disability ("PPD") benefits. Employer paid some medical in an undetermined amount, and Claimant filed a timely claim.

Claimant seeks to recover medical treatment and associated benefits for carpal tunnel syndrome. Employer denies liability on several grounds. The issues to be determined are: 1) Did Claimant's occupational disease arise out of and in the course of employment; 2) Is Claimant's medical condition causally related to his work duties; 3) Is Claimant's claim barred by his alleged failure to give timely notice; and 4) Is Employer obligated to provide future medical care and associated benefits to cure and relieve the effects of Claimant's occupational disease? Key to the analysis of Employer's potential liability is what is commonly known as the "last exposure rule" of $\S 287.063$.

Claimant's exhibits A to N, and Employer's exhibits 1 to 15, were admitted into the record without objection. All evidence was reviewed, but only that evidence necessary to support this award will be discussed.

FINDINGS OF FACT

Claimant is a 54 year old, right-handed man who is six feet tall and weighs 275 pounds. Other than a single pill for stress, he takes no medications, and he does not have diabetes, a history of wrist fractures, or other medical conditions. Currently, he is employed by RK Stratmann, performing silk screening for the Harley Davidson Company. He started as a temporary worker in 2012, then he was hired full time.

Claimant has a varied vocational history. Throughout the 1990's, Claimant worked for D\&H Trucking, loading and driving delivery trucks. He last worked for D\&H on December 16, 1998 - he was fired due to his driving record. For about a year thereafter, Claimant worked for OK Vacuum, in the warehouse and making deliveries. From August 2000 to May 2007, Claimant worked 40 to 60 hours per week for Employer as an "Assembly Tech," performing a variety of tasks described below. For a few months in 2005, Claimant also worked a second, part-time job for Dairy Queen as a cook. Between May 2007 and 2012, when he started at RK Stratmann, Claimant worked consecutively for at least four different employers performing pick and pack duties in a warehouse, cleaning banks and healthcare facilities, and providing security services.

Claimant provided very detailed testimony describing his various tasks for Employer. Employer produced door panels for Chrysler pickup trucks and headliners for Chrysler vans. As an Assembly Tech, Claimant rotated through three different jobs: the Door Department, the Headliner Department, and Machine Operator. In every job, he used both hands.

In the Door Department, Claimant performed various tasks in preparing a door panel. One task required him to take interior pieces of the door panel and pop them into a centerpiece. He would strike the piece with his hand to pop it into place. Popping in the panel typically took two hits since there were two clips. After placing the pieces, he put the panel into a machine for spot welding and cupping, flipped it to another machine, and removed it to a rack when the process was complete. He processed 250 to 300 panels per shift. Employer eventually provided the Assembly Techs with a pipe topped with a rubber ball to strike the parts, thus eliminating the activity of hitting the panels by hand.

At the Headliner Department, Assembly Techs put coat hooks, lights, visors, and air ducts into a headliner of a cargo van. Working with another Tech, Claimant processed 240 to 320 headliners per day. The first step in the Headliner process was to carry the headliner from a rack to a worktable with a coworker. There, visors were installed, which required Claimant to twist and pop the part into place and secure it with two screws. Claimant also slid and popped the lights and covers into place. As a hydraulic hoist raised the headliner so it could be transferred to the next station, Claimant prepared new parts for the next headliner. At the second worktable, Claimant glued wire harnesses by squeezing a triggered glue gun for up to 20 seconds. Claimant also used hand-held clippers to trim wires. When the headliner reached the third worktable, Claimant checked to make sure all of the lights were working. Claimant would also install coat hooks at this worktable, which required wiggling them into place and screwing them in with one screw. Claimant then placed the completed headliners in a rack to be shipped to Chrysler.

Finally, Claimant worked as a Machine Operator. He loaded plastic parts, like arm rests, onto a conveyor belt, applied glue, and ran the parts through two different machines. Once they were processed, he removed the parts, checked for defects and scraps, and sent the parts down the line. When the parts required application of vinyl, Claimant loaded two or three rolls of vinyl into the machine per day. This required him to roll the vinyl bolts over to the machine and put a pipe through the center to hoist the vinyl rolls up. He processed hundreds of parts per shift.

Claimant testified candidly that his hand and wrist problems started when he was working for D\&H Trucking in the late 1990's. He acknowledged the records show several doctor visits for hand complaints before he started working for Employer, and he thought Dr. Schlafly and Dr. Sudekum sounded like familiar names. He saw no doctors during the year he worked for OK Vacuum because his hands were better than when he worked at D\&H. Claimant hired attorney Nancy Mogab, who filed a workers' compensation claim on September 1, 2000 against D\&H ("Injury No. 98-178197"). Ms. Mogab also sent him to a doctor to be evaluated with regards to his hands and wrists. However, Claimant did not receive any treatment related to the claim filed against D\&H. He dismissed Injury No. 98-178197 as of August 25, 2003 without receiving any benefits.

Claimant's hands were not symptom free when he started working for Employer in 2000, but they were better than they had been at $\mathrm{D} \& \mathrm{H}$. However, after working several years for Employer, Claimant's hands started hurting and going numb. Although Claimant could not remember the year, he testified credibly he reported the symptoms to Demarco Howard, his supervisor in the Headliner Department. The medical records suggest Claimant's report was in the spring of 2005, since he was sent to Dr. Byler on May 12, 2005. I find Employer authorized and directed care with Dr. Byler because she communicated with and sought author

Full decision text continues in the plain-text archive copy.

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