Patricia Scheidt v. Missouri Department of Elementary and Secondary Education

Consistent with the parties' agreement that the administrative law judge's award stands in need of correction, we modify the administrative law judge's award accordingly.

Employee sustained a 35\% permanent partial disability of the right shoulder as a result of her February 3, 2010, compensable work injury. Employer/insurer is liable for $\ 34,345.16 in permanent partial disability benefits.

The award and decision of Administrative Law Judge Lee B. Schaefer, issued December 15, 2015, is attached hereto and incorporated herein to the extent not inconsistent with this decision and award.

The Commission approves and affirms the administrative law judge's allowance of an 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 $\qquad 15^{\text {th }} \qquad$ day of April 2016.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

Claimant: Patricia Scheidt

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: Missouri Department of Elementary and Secondary Education

Additional Party: N/A

Insurer: Missouri Office of Administration

Hearing Date: December 1, 2015

Injury No.: 10-006646

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: LBS

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: February 3, 2010
5. State location where accident occurred or occupational disease was contracted: Cole County, Missouri (while Claimant was travelling for business.) Claimant's Office was located in St. Louis, Missouri.
6. Was above Claimant 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 Claimant was doing and how accident occurred or occupational disease contracted: Claimant was injured when she struck her foot on a step and fell forward.
12. Did accident or occupational disease cause death? No
13. Part(s) of body injured by accident or occupational disease: Right shoulder
14. Nature and extent of any permanent disability: 30 % PPD of the right shoulder
15. Compensation paid to-date for temporary disability: $\ 2,456.90
16. Value necessary medical aid paid to date by employer/insurer? $\ 41,816.68
17. Value necessary medical aid not furnished by employer/insurer? None

1. Claimant's average weekly wages: $\ 737.08
2. Weekly compensation rate: $\$ 491.39 / \ 422.97
3. Method wages computation: By agreement and using the table

1. Amount of compensation payable

30 % of the right shoulder:

$\ 29,438.71

TOTAL: $\ 29,438.71

1. Second Injury Fund liability: Left open
2. 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 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: Mark Floyd

Claimant: Patricia Scheidt

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: Missouri Department of Elementary and Secondary Education

Additional Party: N/A

Insurer: Missouri Office of Administration

Hearing Date: December 1, 2015

Injury No.: 10-006646

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

An evidentiary hearing was held in the above-referenced matter on December 1, 2015. Patricia Scheidt ("Claimant") did not appear in person, but she was represented by counsel, Mark Floyd. Missouri Department of Elementary and Secondary Education ("Employer"), and its insurer, Missouri Office of Administration ("Insurer"), were represented by counsel, David Drescher. The Second Injury Fund ("Fund") is a party to this matter, but is being left open at this time.

The parties stipulated to the following facts:

1. Claimant sustained an accident and injury on February 3, 2010, that arose out of and in the course of her employment;
2. Claimant's accident and injury occurred in Cole County Missouri, where she was attending training, her office is located in St. Louis, Missouri;
3. Claimant and the Employer/Insurer were subject to the Missouri Workers' Compensation Act and Claimant was an "employee" within the meaning of the Act;
4. Venue is proper in the City of St. Louis;
5. Claimant provided timely notice of the accident and injury to Employer;
6. Claimant filed her Claim for Compensation in a timely manner;
7. Claimant's Average Weekly Wage was $\ 737.08 resulting in a temporary total disability rate of $\ 491.38 and a permanent partial disability rate of $\ 422.97;
8. Claimant was paid temporary total disability in the amount of $\ 2,456.90 for a total of five (5) weeks;
9. Employer paid medical benefits in the amount of $\ 41,816.68;
10. As a direct result of the February 3, 2010 work accident, Claimant sustained 30\% permanent partial disability of the right shoulder;
11. Parties have agreed that Claimant is entitled to permanent partial disability in the amount of $\ 29,438.71 for the injury to her right shoulder;
12. Claimant's work accident was the prevailing factor in causing the injury to her right shoulder.

Is Employer/Insurer responsible for future medical treatment to cure and relieve the effects of Claimant's work injury of February 3, 2010?

Claimant offered, and had admitted into evidence, the following Exhibits:

1. IME Report of Dr. Jacques Van Ryn
2. IME Report of Dr. Shawn Berkin

Employer/Insurer offered, and had admitted into evidence the following Exhibits:

A. Medical Records of Esse Health (Medical Records of Dr. John Tessier)

B. Medical Records of Orthopedic Associates (Medical Records of Dr. Herbert A. Haupt and Medical Records and Rating Report of Dr. Richard E. Hulsey)

C. Medical Records of Missouri Baptist Medical Center

On February 3, 2010, Claimant sustained an accident arising out of and in the course and scope of her employment while on property controlled by Employer. As a result of her accident, Claimant sustained a comminuted fracture of the proximal humerus in her right shoulder.

Claimant initially received treatment at Central Region Medical Center. (Exhibit A) On February 4, 2010 she followed up with Dr. John Tessier. Dr. Tessier reviewed x-rays taken at Central Region Medical Center and diagnosed a comminuted, head-splitting fracture of the proximal humerus. Dr. Tessier discussed possible options with Claimant and indicated that her shoulder would require reconstruction with a humeral head replacement.

On February 8, 2010, Claimant was referred by Employer for an evaluation with Dr. Herbert A. Haupt. (Exhibit B) Dr. Haupt took x-rays and noted that they strongly suggested at least a two-part, perhaps a three-part, proximal humeral fracture involving the humeral head. Dr. Haupt then scheduled Claimant for an immediate CT scan. On February 10, 2010, Dr. Haupt reviewed the CT scan and agreed with the radiologist's conclusion that Claimant had sustained a multi-part, proximal, humerus fracture. Dr. Haupt then referred Claimant to Dr. Richard E. Hulsey for further treatment.

On February 10, 2010, Dr. Hulsey saw Claimant for the first time. After a physical examination and a review of x-rays, Dr. Hulsey diagnosed Claimant with a comminuted humeral neck fracture and tuberosity fractures. Dr. Hulsey recommended that Claimant undergo a hemiarthroplasty with repair of tuberosities.

On February 15, 2010, Dr. Hulsey performed a hemiarthroplasty on Claimant's right shoulder with reconstruction of tuberosities and a biceps tenodesis. (Exhibit C)

On February 24, 2010, Claimant followed up with Dr. Hulsey, who observed that Claimant was doing well. (Exhibit B) Dr. Hulsey noted that the alignment of the hemiarthroplasty was good and that the tuberosities were sitting anatomically. Dr. Hulsey recommended that Claimant continue to use the abduction sling on a full-time basis. He also instructed Claimant on gentle pendulum exercises and passive flexion.

On March 10, 2010, Claimant returned to Dr. Hulsey for a follow-up visit. Dr. Hulsey observed that Claimant was doing well and switched her to a regular sling for the following two weeks. Dr Hulsey also started Claimant on a physical therapy program. Dr. Hulsey restricted Claimant from lifting, driving before the next office visit, and being around individuals who could be physically abusive.

Claimant returned to Dr. Hulsey on March 31, 2010. At that time, Dr. Hulsey noted that Claimant was progressing as expected. He recommended that she wean herself from the sling over the following two weeks.

Dr. Hulsey again evaluated Claimant's progress on April 21, 2010. Dr. Hulsey observed that