Robert Rickerson v. Camdenton R-III School District

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endanger the employee's life, health, or recovery, we are authorized to order a change in the physician, surgeon, hospital or other requirement under $\S 287.140 .2$ RSMo.

We affirm and adopt the award of the administrative law judge, as supplemented herein.

The award and decision of Administrative Law Judge Hannelore D. Fischer, issued October 17, 2014, is attached and incorporated herein to the extent not inconsistent with this supplemental decision.

We approve and affirm 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 $19^{\text {th }}$ day of June 2015.

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? 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: March 23, 2010
5. State location where accident occurred or occupational disease was contracted: Camden 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: See award
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: Back
14. Nature and extent of any permanent disability: Permanent and total disability
15. Compensation paid to-date for temporary disability: $\ 3,677.98
16. Value necessary medical aid paid to date by employer/insurer? $\ 11,522.66

Employee: Robert Rickerson Injury No. 10-020677

1. Value necessary medical aid not furnished by employer/insurer? $\ 917.89
2. Employee's average weekly wages: $\ 544.47
3. Weekly compensation rate: $\ 362.62 for all benefits
4. Method wages computation: By agreement

1. Amount of compensation payable: Permanent and total disability benefits as of June 3, 2010
2. Second Injury Fund liability: No.
3. Future Requirements Awarded: Yes. See award.

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 % of all payments hereunder (excluding future medical) in favor of the following attorney for necessary legal services rendered to the claimant: David Sullivan.

The above-referenced workers' compensation claim was heard before the undersigned administrative law judge on August 13, 2014. Memoranda were received by September 5, 2014.

The parties stipulated that on or about March 23, 2010, the claimant, Robert Rickerson, was employed by the Camdenton RIII School District. Mr. Rickerson sustained an injury by accident; the accident arose out of and in the course of employment. The employer was operating under the provisions of Missouri's workers' compensation law; workers' compensation liability was self- insured with administration through MUSIC. The employer had notice of the injury. A claim for compensation was timely filed. Mr. Rickerson's average weekly wage was $\ 544.47, resulting in a compensation rate of $\ 362.62 per week.

Temporary disability benefits have been paid to the claimant to date in the amount of \3,677.98, reflecting 10 and 1 / 7$ weeks of benefits paid through June 2, 2010. Medical aid has been provided in the amount of $\ 11,522.66.

The issues to be resolved by hearing include 1) the nature and extent of disability, 2) the date of maximum medical improvement, 3) the liability of the employer/insurer for additional temporary total disability benefits after June 2, 2010 through January 20, 2011, 4) the liability of the employer/insurer for past medical care in the amount of $\ 1,355.81,5 ) the liability of the employer/insurer for future medical care, 6) the liability of the employer/insurer for costs pursuant to section 287.560, and 7) the liability of the Second Injury Fund. Permanent total disability is alleged.

The claimant, Robert Rickerson, testified that he was 55 years old as of the date of hearing. Mr. Rickerson completed his formal education at the conclusion of the $9^{\text {th }}$ grade and testified that he has no learning disability and is able to read and write.

Employee: Robert Rickerson Injury No. 10-020677

Mr. Rickerson began his employment as a full time custodian with the Camdenton RIII School District in 1991. On March 23, 2010, Mr. Rickerson fell while vacuuming steps at school when his foot got caught on a plastic runner; Mr. Rickerson hit his right shoulder and right buttock area on the hard surface of the floor when he fell. Mr. Rickerson was then taken by ambulance to Lake Ozark General Hospital. Mr. Rickerson had immediate pain in his right hip and lower back. Mr. Rickerson continues to have pain in the same areas, although it is less intense. Within a few weeks Mr. Rickerson also developed pain in his right thigh. Mr. Rickerson's right shoulder complaints resolved within days of the injury and are not at issue. Mr. Rickerson attempted to return to work for two days in June of 2010, but felt that he was unable to complete his work responsibilities and voluntarily quit work. Mr. Rickerson has not looked for other employment.

Mr. Rickerson saw Dr. Abbott on March 25, 2010, for right hip and thigh pain. Dr. Abbott had an MRI done which revealed diffuse bulging at the L4-5 level as well as an annular tear at L5-S1. Dr. Abbott referred Mr. Rickerson to Dr. Rahman on April 15, 2010. Mr. Rickerson testified that when he saw Dr. Rahman at the Springfield Neurology and Spine Institute, Dr. Rahman recommended no surgery for him.

Dr. Rahman referred Mr. Rickerson to Dr. Woodward. Dr. Woodward recommended physical therapy and a TENS unit, both of which Mr. Rickerson received. Dr. Woodward also prescribed several medications for Mr. Rickerson, including Darvocet. Dr. Woodward also prescribed two epidural steroid injections for Mr. Rickerson, both of which Mr. Rickerson received without any lasting benefit. Dr. Woodward released Mr. Rickerson from treatment in July of 2010. On September 13, 2010, Dr. Woodward opined that Mr. Rickerson has a four percent disability of the body attributable to the March 23, 2010 accident and injury as well as a four percent disability preexisting March 23, 2010. Dr. Woodson returned Mr. Rickerson to "regular duty full time" and anticipated no future medical care related to the March 23, 2010 work injury. (9.23.10 Woodward record)

In October of 2010 Mr. Rickerson went to Dr. Franklin, his primary care physician at the time, who suggested that Mr. Rickerson obtain an orthopedic consult with the Missouri Orthopedic Institute.

On January 20, 2011, as a referral from Dr. Franklin, Mr. Rickerson saw physician's assistant Prudence Baugher and Dr. Dale Vaslow at the Missouri Orthopedic Institute, but received no additional treatment there. Physician's assistant Baugher found "low back pain since a fall in March. [Mr. Rickerson] does have arthritis of his lumbar spine. A long discussion was had with him regarding the natural progression of arthritis. He does have some disk bulges, but no significant stenosis. He has mechanical back pain. We will send him to Dr. Varghese." (1.20.11 Baugher record)

In April of 2012, Mr. Rickerson began receiving social security disability benefits dating back to March 23, 2010. In his application for social security benefits in May of 2010, Mr. Rickerson alleged back pain and high blood pressure as his impediments to employment. Mr. Rickerson is Medicare eligible.

Mr. Rickerson has been seeing his primary care physicians, Dr. Hettinge