Judith Randazzo v. Maxim Health Care Services

In the interest of clarity, we will supplement the administrative law judge's award as follows: employer and insurer are ordered to provide employee with that future medical care and treatment that may reasonably be required to cure and relieve the effects of the work injury. That treatment shall include-but shall not be limited to-prescription medications.

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

The award and decision of Administrative Law Judge Robert J. Dierkes, issued February 1, 2016, 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 $\qquad 26th \qquad$ day of August 2016.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Judith Randazzo

Injury No. 09-089438

Dependents:

$\begin{array}{ll}\text { Before the } & \\ \text { DIVISION OF WORKERS' } & \\ \text { COMPENSATION } & \\ \text { Department of Labor and Industrial } & \\ \text { Relations of Missouri } & \\ \text { Jefferson City, Missouri }\end{array}$

Employer: Maxim Health Care Services

Additional Party: Second Injury Fund (deferred)

Insurer: American International Insurance Company

Hearing Date: December 22, 2015

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: October 29, 2009.
5. State location where accident occurred or occupational disease was contracted: Boone 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: While performing her duties as an emergency room nurse, Employee slipped in blood and fell.
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: Multiple parts, including right and left hands.
14. Nature and extent of any permanent disability: 22.5 % permanent partial disability of the right hand; 5 % permanent partial disability of the left hand.
15. Compensation paid to-date for temporary disability: $\ 18,313.12.
16. Value necessary medical aid paid to date by employer/insurer? $\ 30,010.83.
17. Value necessary medical aid not furnished by employer/insurer? $\ 93.29.

Employee: Judith Randazzo Injury No. 09-089438

1. Employee's average weekly wages: $\ 1555.20.
2. Weekly compensation rate: $\ 422.07 for permanent partial disability.
3. Method wages computation: Stipulation.

1. From Employer:

48.125 weeks of permanent partial disability benefits $\ 20,312.12

3 weeks of disfigurement benefits $\ 1,266.21

Reimbursement of past medical expenses $\ 93.29

TOTAL: $\ 21,671.62

1. Second Injury Fund liability:

Deferred for future adjudication.

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:

Dean Christianson

Employee: Judith Randazzo

Injury No. 09-089438

Dependents:

Employee: Maxim Health Care Services

Address: 09-089438

Address: 09-089438

Address: 09-089438

Additional Party: Second Injury Fund (deferred)

Address: 09-089438

Injury: 09-089438

Injury: 09-089438

Injury: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

Address: 09-089438

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Address: 09-089438

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Address: 09-089438

1. That both Employer and Employee were covered under the Missouri Workers' Compensation Law at all relevant times;
2. That the average weekly wage is $\ 1,555.20, with a compensation rate for permanent partial disability benefits of $\ 422.07;
3. That the notice requirement of Section 287.420, RSMo, is not a bar to this action;
4. That American International Insurance Company fully insured the Missouri Workers' Compensation liability of Maxim Health Care Services at all relevant times;
5. That Claimant sustained an accident arising out of and in the course of her employment with Maxim Health Care Services on October 29, 2009; and
6. That Employer-Insurer has paid $\ 30,010.83 in medical benefits and $\ 18,313.12 in temporary total disability benefits.

This case was previously heard on a hardship hearing basis on July 8, 2013 by the undersigned administrative law judge, and a Temporary or Partial Award was issued on August 13, 2013. At the request of the parties, the evidence adduced at the July 8, 2013 was made part of the record in this hearing. That prior evidence included testimony of Judith Randazzo, as well as the deposition testimony of Dr. Bruce Schlafly taken July 21, 2010 and March 27, 2013; narrative report of Dr. Bruce Schlafly dated May 25, 2010; medical records; a document entitled "EMPLOYEE INCIDENT REPORT"; narrative report of Dr. Christian Linz dated December 2, 2009; narrative report of Dr. David Brown dated August 9, 2010; narrative report of Dr. James Doll dated December 21, 2009; narrative reports of Dr. David Haueisen dated April 18, 2011 and February 21, 2012; medical records; and Claimant Judith Randazzo's professional resumé.

Claimant, Judith Randazzo, testified again at the December 22, 2015 hearing; the deposition testimony of Dr. Bruce Schlafly taken July 8, 2015 was also introduced into evidence, as well as additional medical records and receipts for prescription medications. The deposition testimony of Dr. David Haueisen taken October 26, 2015 was also introduced into evidence at the December 22, 2015 hearing.

Judith Randazzo ("Claimant") was born on February 22, 1950. Claimant is a registered nurse with extensive experience in operating room nursing. In October 2007, Claimant began working for Employer. Employer is a temporary staffing company for the medical profession. Claimant has also had a "mini-farm" for ten years. Prior to the October 29, 2009 accident she regularly bucked hay bales, repaired fences and worked with and saddled horses.

As stipulated, Claimant sustained a work-related accident on October 29, 2009. She was working at the University of Missouri Hospital in Columbia as an operating room nurse. She had relieved another nurse in mid-surgery. The surgery was very bloody. After the surgery was over and she had completed documentation, Claimant returned to the operating room where housekeeping personnel were cleaning. Claimant noticed that there were electrical cords very close to a large amount of blood on the floor. Claimant got a dry towel and bent down to disconnect the cords to prevent anyone from getting shocked. As she was standing back up, her right foot slipped on blood and other fluid on the floor and began to fall. She grabbed a rail on the operating table with her left hand, hitting her left elbow on the table in the process. Claimant's left knee hit the floor first, then her right knee, and she continued to fall onto the floor. Claimant's right hand hit the floor, and then her left hand, which had been holding the operating table rail, hit the floor last.

Claimant completed an "Employee Incident Report" in her own handwriting on November 2, 2009. Claimant's initial pain complaints were to her left elbow and shoulder, left knee, neck and back. The first medical record regarding right hand/wrist/thumb pain is Dr. Christian Linz's record of Claimant's first and only visit to him on December 2, 2009. Dr. Linz noted that Claimant's "right hand hurts over the thenar eminence at the base of the thumb and is especially worse with gripping type activities".

Claimant testified that, after the temporary award was issued, she was provided with medical treatment by Employer-Insurer through the office of Dr. David Haueisen. He performed surgery on her right hand, which is her dominant hand. Dr. Haueisen described the surgery as follows:

It's sort of the most common procedure that's done for advanced thumb basal joint arthritis. So that involves taking out the trapezium, which is a small bone at the base of the thumb, and then that leave a space. And then to help fill and st