Tonya Fattig v. Johnson Controls Battery Group, Inc.

Employee: Tonya L. Fattig

Employer: Johnson Controls Battery Group, Inc.

Insurer: Insurance Company of North America, c/o Underwriters Safety and Claims

Hearing Date: July 10, 2014

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Checked by: RBM

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: Cumulative to April 13, 2012.
5. State location where accident occurred or occupational disease was contracted: St. Joseph, Buchanan 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: Employee repetitively handled books of plates when she injured her neck and left upper extremity.

1. Did accident or occupational disease cause death? No.
2. Part(s) of body injured by accident or occupational disease: Neck and left upper extremity.
3. Compensation paid to-date for temporary disability: None.
4. Value necessary medical aid paid to date by employer/insurer? None.
5. Value necessary medical aid not furnished by employer/insurer? Not determined.
6. Employee's average weekly wages: $\ 958.57.
7. Weekly compensation rate: $\ 639.05 for temporary total disability and $\ 425.19 for permanent partial disability.
8. Method wages computation: By agreement of the parties.

1. Amount of compensation payable:

Temporary total disability from Employer/Insurer: (a) Temporary total disability benefits from October 24, 2013 through July 10, 2014, the date of the hearing in this case, or 37 $1 / 7 weeks at the rate of \ 639.05 per week, in the amount of $\ 23,736.14; (b) In addition, Employer/Insurer is to pay Employee temporary total disability benefits at the rate of $\ 639.05 per week from July 11, 2014 until Employee has reached maximum medical improvement, or as otherwise provided in Section 287.170, RSMo.

Employer is directed to authorize and furnish additional medical treatment to cure and relieve Claimant from the effects of her April 13, 2012 work injury, in accordance with section 287.140, RSMo.

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: Mark E. Kelly.

Employee: Tonya L. Fattig

Injury No.: 12-106438

Employer: Johnson Controls Battery Group, Inc.

Insurer: Insurance Company of North America, c/o Underwriters Safety and Claims

Hearing Date: July 10, 2014

Checked by: RBM

A non-section 287.203, RSMo hardship hearing was held in this case on Employee's claim against Employer on July 10, 2014 in St. Joseph, Missouri. Employee, Tonya L. Fattig, appeared in person and by her attorney, Mark E. Kelly. Employer, Johnson Controls Battery Group, Inc., and Insurer, Insurance Company of North America, c/o Underwriters Safety and Claims, appeared by their attorney, Mark R. Bates. The Second Injury Fund is not a party in this case. Mark E. Kelly requested an attorney's fee of 25 % from all amounts awarded. It was agreed that post-trial briefs would be due on August 1, 2014.

At the time of the hearing, the parties stipulated to the following:

1. On or about cumulative to April 13, 2012, Tonya L. Fattig ("Claimant") was an employee of Johnson Controls Battery Group, Inc. ("Employer") and was working under the provisions of the Missouri Workers' Compensation Law.
2. On or about cumulative to April 13, 2012, Employer was an employer operating under the provisions of the Missouri Workers' Compensation Law and was fully insured by Insurance Company of North America, c/o Underwriters Safety and Claims ("Insurer").
3. Claimant's Claim for Compensation was filed within the time allowed by law.

Issued by DIVISION OF WORKERS' COMPENSATION

Re: Injury No.: 12-106438

Employee: Tonya L. Fattig

1. The average weekly wage was $\ 958.57, the rate of compensation for temporary total disability is $\ 639.05 per week, and the rate of compensation for permanent partial disability is $\ 425.19 per week.
2. No compensation has been paid by Employer or Insurer for temporary disability.
3. No medical aid has been paid or furnished by Employer or Insurer.
4. The issues of Employer's liability for past medical expenses, including past medical mileage expenses, Employer's liability for past temporary total disability benefits prior to October 24, 2013, and Employer's liability for permanent partial disability benefits were not to be determined in connection with the July 10, 2014 hearing.
5. Claimant has not worked for Employer since October 23, 2013.

The parties agreed that there are disputes on the following issues:

1. Did Claimant sustain an injury by occupational disease arising out of and in the course of her employment for Employer on or about cumulative to April 13, 2012?
2. Did Claimant provide notice of her alleged injury to Employer as required by law?
3. What is Employer's liability, if any, for additional medical aid?
4. What is Employer's liability, if any, for past temporary total disability benefits from October 24, 2013, and what is Employer's liability, if any, for future temporary total disability benefits?

Claimant testified in person. In addition, Claimant offered the following exhibits which were admitted in evidence without objection:

A—February 17, 2014, Medical report \& CV of Dr. William Hopkins

B—Medical records of St. Joseph Pain Center/Dr. Vincent Johnson

C—Medical records of Carondelet Orthopedics/Dr. Greg Van den Berghe

D—Medical records of Chiropractic Healing \& Restoration, LLC

E—April 13, 2012, Medical Leave Request

F—April 25, 2013, Leave of Absence Status Report

G—May 16, 2012, Leave of Absence Status Report

H—June 12, 2012, Leave of Absence Status Report

I—June 27, 2012, Leave of Absence Status Report

J—July 5, 2012, Leave of Absence Status Report

K—July 27, 2012, Leave of Absence Status Report

L—July 30, 2012, Leave of Absence Status Report

M—August 13, 2012, Medical Leave Request

N—August 13, 2012, Leave of Absence Status Report

O—November 13, 2012, Medical Leave Request

P—November 14, 2012, Leave of Absence Status Report

Q—January 2, 2013, Leave of Absence Status Report

R—July 11, 2013, Medical Leave Request

S—July 15, 2013, Leave of Absence Status Report

T—August 28, 2013, Leave of Absence Status Report

U—Mileage Statement

V—Exhibit List

Employer offered the following exhibits which were admitted in evidence without objection:

$1-3^{\text {rd }}$ Step Answer dated 11-4-13

2—3 ${ }^{\text {rd }}$ Step Answer dated 11-20-13

3—Medical report Dr. Thomas DiStefano dated April 10, 2014

Any objections not expressly ruled on during the hearing or in this award are now overruled. To the extent there are marks or highlights contained in the exhibits, those markings were made prior to being made part of this record, and were not placed thereon by the Administrative Law Judge.

Employer's counsel advised that an examination had been scheduled for Claimant to see Dr. Lingenfelter on August 11, 2014. Claimant's counsel advised that in the event an Award is entered directing Employer to provide additional medical treatment, Claimant is agreeable to having Dr. Lingenfelter provide additional treatment.

Employee's Post Trial Brief and Proposed Decision of Employer/Insurer have been considered.

Claimant was born on January 25, 1975. She graduated from Benton High School in St. Joseph in 1994. She had about one year of college at Missouri Western. She has no college degree.

Claimant started working for Employer in March 2007. Employer makes batteries from start to finish. Claimant has done production work for Employer since March 2010. She has worked in the Battery Group. She ran a decoupler stacker. She worked as a loader from 2010 until October 2013.

Claimant worked the C plate line. Lead plates moved on a conveyor. Claimant stood directly in front of the conveyor. She put plates on pallets. The pallets were behind her. She moved the plates to her left. The work was fast and constant. Plates were in books that were about 6 to 8 inches long and about 3 to 4 inches thick. The books of plates weigh between 30 and 40 pounds.

Claimant picked up the books of plates coming down the conveyor and put them on a pallet behind her. At times Claimant put plates on pallets that were at floor level. Sometimes she placed them at a higher level. She put some plates on pallets a little above her shoulder height. Claimant used a lift table. She stacked plates, 25 plates per layer, 25 to 30 layers high. She put up at least 1,000 books of plates per day.

Claimant also worked on the COS line. When a worker worked on the COS line, the worker took plates onto the line and put them into a machine. The plates were not

placed on a pallet. They were put in a gondola. COS line workers worked with 20 to 30 pound plates. There were some 5 pound weights, but rarely on the COS line.

Claimant got two breaks during the day, including lunch. She started work at 7:00 a.m. and took her first break between 9:00 a.m. and 10:30 a.m. She took her second break between 11:00 a.m. and 1:30 p.m. The second break was considered lunch. An eight-hour shift ended at 3:00 p.m. Claimant worked after 3:00 p.m. until she