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John Matthews v. General Motors

Decision date: January 20, 2016Injury #03-10166519 pages

Summary

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who injured his right knee stepping from a van onto a ramp during employment on March 1, 2003. The award includes permanent partial disability compensation and lifetime benefits from the Second Injury Fund.

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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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Third-Party Injury Check

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

  • A driver, contractor, property owner, or equipment company may share fault.
  • The injury involved a vehicle, unsafe premises, defective equipment, or a non-employer vendor.
  • A serious injury or death may need both benefits review and civil-claim analysis.

Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No. 03-101665

Employee: John Matthews

Employer: General Motors (Settled

Insurer: Self-Insured (Settled)

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 27, 2015. The award and decision of Chief Administrative Law Judge Grant C. Gorman, issued April 27, 2015, 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 $\qquad 20^{\text {th }} \qquad$ day of January 2016.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

AWARD

Employee:John MathewsInjury No. 03-101665
Dependents:NoneBefore the
Employer:General Motors (Settled)DIVISION OF WORKERS'
Additional Party:Second Injury FundCOMPENSATION <br> Department of Labor and Industrial
Insurer:Self-Insured (Settled)Relations of Missouri
Jefferson City, Missouri
Hearing Date:November 5, 2013Checked by: GCG/kr

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: March 1, 2003
  5. State location where accident occurred or occupational disease was contracted: St. Charles 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: Claimant injured his right leg and knee as stepped from a van onto a ramp in the course and scope of employment.
  12. Did accident or occupational disease cause death? No
  13. Part(s) of body injured by accident or occupational disease: Right knee
  14. Nature and extent of any permanent disability: 19 % PPD of right knee
  15. Compensation paid to-date for temporary disability: Not Applicable
  16. Value necessary medical aid paid to date by employer/insurer? Not Applicable

Employee: John Mathews Injury No. 03-101665

  1. Value necessary medical aid not furnished by employer/insurer? Not Applicable
  2. Employee's average weekly wages: Undetermined
  3. Weekly compensation rate: $\ 628.90 PTD/\$329.42 PPD
  4. Method wages computation: Stipulation

COMPENSATION PAYABLE

  1. Amount of compensation payable:

Settled

  1. Second Injury Fund liability: Yes

Permanent total disability benefits from Second Injury Fund:

Weekly differential (\299.48) payable by SIF for 30 and 3 / 7 weeks beginning

February 14, 2004 and, thereafter, \ 628.90 for Claimant's lifetime.

TOTAL: SEE AWARD

  1. Future requirements awarded: None

Said payments to begin as of the date of this Award 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 in favor of the following attorney for necessary legal services rendered to the claimant:

Evan Beatty

Employee: John Mathews

FINDINGS OF FACT and RULINGS OF LAW:

Employee:John MathewsInjury No: 03-101665
Dependents:NoneBefore the <br> DIVISION OF WORKERS' <br> COMPENSATION <br> Department of Labor and Industrial <br> Relations of Missouri <br> Jefferson City, Missouri
Employer:General Motors (Settled)
Additional PartySecond Injury Fund
Insurer:Self-Insured (Settled)Checked by: GCG/kr

PRELIMINARIES

Hearing on the above-referenced case was held before the undersigned Administrative Law Judge on November 5, 2013 at the Division of Workers' Compensation in St. Charles County, Missouri. John Matthews ("Claimant") was present and represented by Evan J. Beatty. The liability of General Motors ("Employer") which was self-insured was previously settled. Assistant Attorney General, Jennifer Sommers represented the Second Injury Fund. Mr. Beatty requested a fee in the amount of 25 %. The parties submitted post-trial briefs.

Stipulations:

The parties entered into the following stipulations:

  1. On or about March 1, 2003, Claimant sustained an accident arising out of and in the course of his employment that resulted in injury to Claimant's right knee. The accident occurred in St. Charles County, Missouri.
  2. Claimant was an employee of Employer pursuant to Chapter 287 RSMo.
  3. Venue is proper in St. Charles County, Missouri.
  4. Employer received the proper notice of the claim.
  5. Claimant filed the claim within the time allowed by law.
  6. The applicable rates of compensation are $\ 628.90 for permanent total disability benefits and $\ 329.42 for permanent partial disability benefits. Claimant reached maximum medical improvement on February 14, 2004 and therefore this will be the date that permanent total disability benefits would begin, if awarded.

Issues:

  1. Liability of the Second Injury Fund, whether Claimant is permanently and partially disabled or permanently and totally disabled.

SUMMARY OF EVIDENCE

Only evidence necessary to support this Award will be summarized. Any objections not expressly ruled on during the hearing or in this Award are now overruled. Certain exhibits offered into evidence may contain handwritten markings, underlining and/or highlighting on portions of the documents. Any such markings on the exhibits were present at the time they were offered by the parties. Further, any such notes, markings and/or highlights had no impact on any ruling in this case.

Exhibits

Claimant offered the following exhibits which were received into evidence without objection:

A. Stipulation for Compromise Settlement (02-155280) for 9\% permanent partial disability of the left hand and wrist paid by Employer

B. Stipulation for Compromise Settlement (03-101665) for 19\% permanent partial disability of the right knee paid by Employer

C. Medical records of Mineral Area Regional Medical Center

D. Medical records of Dr. Glen Sherrod

E. Medical records of Dr. Gregory Terpstra

F. Medical records of Mineral Area Regional Hospital

G. Medical records of Dr. Bharathi Raju

H. Medical records of Dr. Jose Jimenes

I. Medical records of Dr. H. Gunawardhana

J. Stipulation for Compromise Settlement (89-064363) for 11.25\% permanent partial disability of the BAW/Neck paid by Employer and 10 % of the ankle, 10 % of the wrist and 35 % BAW low back and hip paid by the Second Injury Fund

K. General Motors Plant Dispensary Records

L. Deposition of Dr. David Volarich

M. Deposition of Delores Gonzalez

N. Deposition of Dr. Richard Anderson

The Second Injury Fund offered the following exhibits which were received into evidence without objection:

I. Deposition of James England

II. Deposition of John Matthews

III. Social Security psychological report prepared by Dr. Toll

Claimant was born on January 28, 1961 and therefore at the time of the hearing was 52 years of age. He has been married for 31 years and has four children, all of which are emancipated. Until last year, he lived in a $16 \times 80$ trailer in Park Hills, Missouri but the trailer burned down last year and he now lives with his wife in a camper on his wife's cousin's property. Prior to the burning of the trailer, the trailer did provide handicap access for the last eight years with no steps and a railing on a ramp. The trailer also had a railing in the shower and

hallway. Claimant was not responsible for any maintenance on the property. Claimant has a high school education which included two years of technical school while in high school concentrating in electrical. Claimant was never employed as an Electrician. Claimant's wife takes care of all household chores, grocery shopping, as well as, their finances.

Claimant was awarded Social Security Disability in 2004 and was also granted disability retirement from General Motors in 2004. His total income is approximately $\ 2600 a month. Claimant takes Percocet for pain eight times a day. Claimant's employment history includes performing odd jobs after high school. Following this for two or three years he worked at a Thoroughbred Farm as an assistant trainer. Claimant began work at General Motors on the assembly line in 1985 until his last date of employment in 2004. He worked in most areas of the plant including trim, body, finish and chassis. Claimant did not have any supervisory duties over other employees while at General Motors. He never worked nor does he have any experience with computers. He does not even own a cell phone. Claimant has not had any additional education.

Claimant's first significant injury was in 1976 while playing football when he fractured his left hip requiring surgery. For the next 18 months, he was non-weight bearing, in a wheel chair for four to six months and then crutches and a cane for the remainder of the time. From that point forward until the last injury, Claimant was in constant pain in his hip worsened with standing, walking, descending and ascending stairs, as well as, riding in a car. He stated his pain levels were between a 6 to $8 / 9$. Up through the date of the last injury, he continued to take up to four or more Motrin or Ibuprofen a day. Every job at General Motors made his symptoms worse including turning left, walking up and down the line or standing on the concrete floor. Stooping and kneeling would also aggravate his symptoms. He had problems keeping up with the line and it slowed him down. The problems in the hip eventually created problems with his back. As a result of the hip and other physical problems prior to the last injury which resulted in his missing time from work, he was disciplined on several occasions and lost several jobs while at General Motors to the point of being suspended for weeks at a time. This happened on multiple occasions. His current symptoms in his hip are similar to what they were on the last date of injury on March, 2003 including a sharp and throbbing pain, as well as, an achy pain in his hip which is made worse by certain movements. Claimant continues to walk with a limp and the left leg is approximately 2 inches shorter as a result of the surgery. His symptoms are also aggravated by weather. As a result of his hip condition along with other physical problems over the years, he has taken Darvocet, Demerol and Percocet whenever possible.

In 1987, Claimant injured his left ankle. He was diagnosed with a sprain and treated with an air cast and kept off work. On February 24, 1987 it was noted that there was pain at the insertion at the plantar fascia onto the calcaneus and he was placed into a soft heel cup. On July 14, 1987 he had tenderness laterally below the malleolus and pain on resisted dorsiflexion and diagnosed status post ankle strain. Up to the date of the last injury, Claimant continued to be in constant pain which was worsened with activity including walking and standing. The ankle would give way with normal walking, especially on inclines. Pr

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

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