The claimant, Adam Brumble, is 29 years old as of the date of hearing. Mr. Brumble graduated from high school in 2005, in Dixon, Missouri, where he took courses in auto body work. Mr. Brumble attended college for less than a year and described the experience as "not good" and resulting in no credit hours. Mr. Brumble worked retail clothing sales for a few months while in college. Mr. Brumble then worked successively as a roofer for five to six months, as a house
framer for five to six months, and in the lumber department at Lowe's for three to four months. In 2007 Mr. Brumble joined the National Guard where he received weapons and explosives training; Mr. Brumble said he left the National Guard in 2013 due to his back injuries. In 2008 Mr. Brumble started his employment with the DOC at the Jefferson City Correctional Center (JCCC). Mr. Brumble worked in housing unit 7, taking inmates to meals, showers, physician visits, inspecting their quarters, and handling inmate counts.
Mr. Brumble testified that he was able to handle all aspects of his position until February 20, 2011, despite a surgically repaired right medial meniscus in high school. Mr. Brumble described his right knee as feeling sore and stiff after he was on it a lot, but that it rarely felt unstable and that he had minimal swelling after a long run.
On February 20, 2011, Mr. Brumble hit his right elbow on a food cart. Mr. Brumble described being off work for two weeks as the result of the injury before returning to full duty work. Mr. Brumble has pain when he straightens the elbow, which he described as stabbing and burning and resulting in stiffness. Mr. Brumble described the pain as at a four when at its worst on a one through ten pain scale, with ten being the worst pain.
On January 24, 2012, Mr. Brumble was running to break up a fight and tripped on a door frame injuring his left knee. Mr. Brumble testified that he now has weakness in his left knee, worse in the winter than in the summer, and that every once in a while it feels like it might give out. Mr. Brumble described the worst left knee pain as at a four to five, similar to the worst right knee pain, on the same one to ten pain scale.
On December 6, 2012, Mr. Brumble lifted a "cambro" container during breakfast for the inmates; the container weighed 75 to 100 pounds and was lifted from five to six inches off the ground to two and one half feet off the ground when he felt a pop or pull in his right hip. Mr. Brumble reported his injury and eventually had treatment with Dr. Brett Taylor who diagnosed an L5-S1 anular tear. Dr. Taylor performed surgery in May of 2013, which alleviated the pain Mr. Brumble had experienced radiating into his feet. Post surgery, Mr. Brumble still had back pain radiating into his buttocks and thighs. Mr. Brumble continued to have physical therapy under Dr. Taylor's direction until November of 2013, when he was released from treatment. Mr. Brumble's employment with DOC ended on April 13, 2013.
Prior to December 6, 2012, Mr. Brumble was able to hunt for hours, both turkeys and deer, without mention of needing a break and without modified equipment. Mr. Brumble testified that he fished two to three times a week prior to December 6, 2012, and hunted three to four days a week during hunting season in that same time frame. Mr. Brumble was able to perform all of his jobs with the DOC and the National Guard without restrictions prior to December 6, 2012.
In his deposition testimony Mr. Brumble noted cutting wood with a chain saw up to three times a week before his December 6, 2012 accident and injury. When asked about whether the right knee, right elbow, or left knee injuries factor into how long Mr. Brumble is able to walk, sit, or stand, Mr. Brumble replied that he did not believe they contributed and that his pain is primarily in his back and down his right leg. Mr. Brumble went on to say that he does not believe that he can work because of "the pain in my back and right hip and leg, constantly having to change
positions, not being able to sit or stand very long and I have to lay down to relieve the pressure and pain. It eases my pain somewhat." (Brumble depo p47, 119-22) Mr. Brumble testified that his right knee injury did not interfere with any of his job duties and did not interfere with his hunting, fishing, baseball or softball activities.
The records of Dr. Brett Taylor include his last notation on November 12, 2013, stating that Mr. Brumble is six months post L5-S1 anterior lumbar fusion. In that notation Dr. Taylor finds Mr. Brumble to be at maximum medical improvement and able to work in the medium demand level. Dr. Taylor opined to a 14 percent disability rating and noted that Mr. Brumble had been lifting up to 50 pounds in physical therapy and "bending down, butchering roosters, chopping wood with a log splitter and cutting logs with a chainsaw." (Orthopedic Center records 11.12.13) Dr. Taylor noted that Mr. Brumble reported additional pain with more bending. The "work status report" of November 12, 2013, completed by Dr. Taylor for Mr. Brumble, reflects lifting up to 50 pounds; bending, kneeling, crawling, squatting, working overhead and reaching above shoulder level as well as sitting, standing and walking restrictions in the occasional or one to three hours category; while climbing stairs is restricted to up to one hour in the limited category, with bilateral hand forceful grasping and repetitive motion in that same category; and, finally, a complete prohibition of climbing ladders and using both hands for activities involving low or high impact vibration.
Dr. David Volarich testified by depos