Linda Head v. Curators of the University of Missouri

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 08-008020

Employee: Linda Head

Employer: Curators of the University of Missouri

Insurer: Self-Insured

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 January 15, 2016, and awards no compensation in the above-captioned case.

The award and decision of Chief Administrative Law Judge Robert J. Dierkes, issued January 15, 2016, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 12^{\text {th }} \qquad$ day of October 2016.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

Employee: Linda Head

Injury No. 08-008020

Dependents:

Before the

Employer: Curators of the University of Missouri

DIVISION OF WORKERS' COMPENSATION

Additional Party: Second Injury Fund

Department of Labor and Industrial

Relations of Missouri

Insurer: (Self-insured)

Jefferson City, Missouri

Hearing Date: August 5, 2015

Checked by: RJD/cs

1. Are any benefits awarded herein? No additional benefits are awarded.
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: January 31, 2008.
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? Employer is self-insured.
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee fell on ice melt.
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: none.
14. Nature and extent of any permanent disability: none.
15. Compensation paid to-date for temporary disability: None.
16. Value necessary medical aid paid to date by employer/insurer? $\ 919.43.
17. Value necessary medical aid not furnished by employer/insurer? Unknown.

Employee: Linda Head Injury No. 08-008020

1. Employee's average weekly wages: $\ 1177.70
2. Weekly compensation rate: $\ 742.72 for temporary total disability and permanent total disability; $\ 389.04 for permanent partial disability.
3. Method wages computation: Stipulation

1. From Employer:

The claim against Employer is denied in full.

1. Second Injury Fund liability:

None.

Employee: Linda Head

Employee: Linda Head

Departments:

Employer: Curators of the University of Missouri

Additional Party: Second Injury Fund

Insurer: (Self-insured)

Hearing Date: August 5, 2015

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

These two cases (Injury No. 03-029663 and Injury No. 08-008020) were consolidated for hearing. The evidentiary hearing was held on August 5, 2015 in Columbia. Claimant, Linda Head appeared personally and by counsel, Truman Allen; Employer, Curators of the University of Missouri, appeared by counsel, Rick Montgomery; the Second Injury Fund appeared by counsel, Assistant Attorney General Erin Smith. The parties requested leave to file post-hearing briefs, which leave was granted. The cases were submitted on September 25, 2015.

In Injury No. 03-029663, the parties agreed that the issues to be decided were:

1. Whether the accident of February 7, 2003, was a substantial factor in causing any or all of the injuries and/or conditions alleged in evidence;
2. The employer's liability, if any, for future medical care;
3. The employer's liability, if any, for kitchen and bath remodeling in claimant's home;
4. The liability, if any, of the employer for permanent partial disability benefits or permanent total disability benefits; and
5. The liability, if any, of the Second Injury Fund for permanent partial disability benefits or permanent total disability benefits.

In Injury No. 03-029663, the parties stipulated as follows:

1. That the Missouri Division of Workers' Compensation has jurisdiction over the case;
2. That venue for the hearing is proper in Boone County;
3. That the claim for compensation was filed within the time allowed by the statute of limitations, $\S 287.430$ :
4. That both Employer and Employee were covered by the Missouri Workers' Compensation Law at all relevant times;
5. That Employee Linda Head sustained an accident or occupational disease arising out of and in the course of her employment with the Curators of the University of Missouri on February 7, 2003;
6. That Claimant's average weekly wage is $\ 961.59, and that the compensation rates were $\ 641.06 for temporary total disability and permanent total disability, and $\ 340.12 for permanent partial disability;
7. That the notice requirement of $\S 287.420$ is not a bar to the claim for compensation;
8. That the University of Missouri was an authorized self insured for Missouri Workers' Compensation purposes at all relevant times; and
9. That Employer paid $\ 126,914.14 in medical benefits and $\ 14,707.76 in temporary total disability benefits.

In Injury No. 08-008020, the parties agreed that the issues to be decided were:

1. Whether the accident of January 31, 2008, was the prevailing factor in causing any or all of the injuries and/or conditions alleged in evidence;
2. The employer's liability, if any, for future medical care;
3. The employer's liability, if any, for kitchen and bath remodeling in claimant's home;
4. The liability, if any, of the employer for permanent partial disability benefits or permanent total disability benefits; and
5. The liability, if any, of the Second Injury Fund for permanent partial disability benefits or permanent total disability benefits.

In Injury No. 08-008020, the parties stipulated as follows:

1. That the Missouri Division of Workers' Compensation has jurisdiction over the case;
2. That venue for the hearing is proper in Boone County;
3. That the claim for compensation was filed within the time allowed by the statute of limitations, $\S 287.430$ :
4. That both Employer and Employee were covered by the Missouri Workers' Compensation Law at all relevant times;
5. That Employee Linda Head sustained an accident or occupational disease arising out of and in the course of her employment with the Curators of the University of Missouri on January 31, 2008;
6. That Claimant's average weekly wage is $\ 1,177.70, and that the compensation rates were $\ 742.72 for temporary total disability and permanent total disability, and $\ 389.04 for permanent partial disability;
7. That the notice requirement of $\S 287.420$ is not a bar to the claim for compensation;
8. That the Curators of the University of Missouri was an authorized self insured for Missouri Workers' Compensation purposes at all relevant times; and
9. That Employer paid $\ 919.43 in medical benefits and no temporary total disability benefits.

The evidence consisted of the testimony of Claimant, Linda Head; extensive medical records; the deposition testimony and narrative report of Dr. David T. Volarich; the deposition testimony and narrative report of Dr. Lyndon Gross; the deposition testimony and narrative report of Dr. Russell Cantrell.

Linda Head ("Claimant") is a 63 year old high school graduate who has completed approximately 20 hours of college course work, but never obtained a degree. She was employed for 32 years at the University of Missouri ("Employer") and was the Grant/Contract Manager for the Department of Medicine at the University of Missouri Hospital and Clinics and for the

medical schools in Columbia and at UMKC for the last 15 to 20 years of her tenure with Employer. This job involved working with research grants. Claimant was responsible for reviewing and approving budgets for research projects that were run by MDs, PhDs and Deans at the hospital and campus. She also worked with federal sponsors of research projects. She coordinated all the grant work of the research projects, and had supervisory responsibilities with five employees generally working under her supervision. Claimant worked with all the departments in the medical schools, approving and overseeing their research grant budgets. Prior to 2003, Claimant routinely worked over fifty hours per week. She often had to travel to meetings outside of Columbia, including an annual meeting in Washington, D.C.

Prior to her work for Employer, Claimant worked in the accounts department at MFA and at a garment factory.

Claimant's family life has had a number of stressors both before and after the 2003 injury. Her son has battled cancer since a young child and now as an adult is currently awaiting a bone marrow transplant. Her husband has post polio syndrome and at times is unable to walk, has memory lapses, hypertension, and kidney problems. Her daughter-in-law is schizophrenic. Her son and daughter-in-law live with Claimant and her husband, and Claimant has taken an active role in helping to raise her three grandchildren.

As stipulated, Claimant sustained compensable work accidents on February 7, 2003 and on January 31, 2008. It is clear from the evidence that the former accident was the more significant injury. Claimant's prior medical history is significant for orthopedic injuries and conditions. Claimant had an arthroscopy on her right knee in 1993. Claimant denied any ongoing problems with her right knee after the surgery and the medical records do not reveal any subsequent right knee complaints. Claimant had an arthroscopy on her left knee in 1995. She did see a physician for left knee pain several times, receiving physical therapy and medication. Claimant had seen a physician for left knee swelling as late as December 2002. Claimant also fractured her left ankle prior to 2003, and had right carpal tunnel release surgery prior to 2003. Claimant had episodic low back pain starting in 1989. Claimant testified that she did not recall missing work due to her low back prior to 2003. Claimant also has had migraines since age 16. These were well-controlled with medication and lighting modifications. Claimant also had been diagnosed with fibromyalgia prior to 2003 and was prescribed Celebrex. At a rheumatology visit in December 2002, it was noted that Claimant had remarkable improvement in her fibromyalgia to the point that her clinical manifestations of fibromyalgia were not evident.

On February 7, 2003, Claimant and some colleagues were leaving the University Hospital after a meeting. Shortly after exiting the back door of the hospital, they encountered a patch of solid ice; Claimant and others slipped and fell. Both of Claimant's knees struck the icecovered sidewalk, and Claimant's back landed on a colleague's briefcase. Claimant's left knee began to ache and swell within an hour of the accident; Claimant also experienced pain going down the back of her left leg.

Claimant was seen by Dr. David Rispler on April 9, 2003 with complaints of ongoing left knee pain and low bac