James Wickam v. Republic Services

Employee: James Wickam

Injury No: 00-177324

Dependents: N/A

Employer: Republic Services (Settled)

Insurer: Liberty Insurance Co. (Settled)

Additional Party: Treasurer of Missouri as Custodian of the Second Injury Fund

Hearing Date: February 4, 2015

Briefs Filed: February 25, 2015

Checked By: ESM/lh

1. Are any benefits awarded herein? No
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: 11/06/2000
5. State location where accident occurred or occupational disease was contracted: Jackson 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

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: James Wickam

1. Describe work employee was doing and how accident occurred or occupational disease contracted: Repetitive injury to both upper extremities from his employment activities using his hands operating heavy equipment and truck driving.
2. Did accident or occupational disease cause death? No

Date of death? N/A

1. Part(s) of body injured by accident or occupational disease: Upper extremities
2. Nature and extent of any permanent disability: 18 % permanent partial disability to the body as a whole as previously settled with the employer
3. Compensation paid to-date for temporary disability: 0
4. Value necessary medical aid paid to date by employer/insurer? $\ 10,067.83
5. Value necessary medical aid not furnished by employer/insurer? Unknown
6. Employee's average weekly wages: $\ 800.00
7. Weekly compensation rate: $\$ 533.33 / \ 314.26
8. Method wages computation: Stipulation
9. Amount of compensation payable: 18 % permanent partial disability to the body as a whole as previously settled with the employer.
10. Second Injury Fund liability: None
11. Future requirements awarded: N/A

Employee: James Wickam

Injury No: 00-177324

Dependents: N/A

Employer: Republic Services (Settled)

Insurer: Liberty Insurance Co. (Settled)

Additional Party: Treasurer of Missouri as Custodian of the Second Injury Fund

Hearing Date: February 4, 2015

Briefs Filed: February 25, 2015

Checked By: ESM/lh

On February 4, 2015, the parties appeared for a final hearing. The Division had jurisdiction to hear this case pursuant to Section 287.110. The Employee, James Wickam, appeared in person and with counsel, Stephen Mayer. The Second Injury Fund appeared through Assistant Attorney General, David Zugelter. There was no appearance on behalf of the Employer and Insurer as the claim between the Employer and the Employee has previously been settled.

The parties stipulated to the following:

(1) That the Employer, Republic Services, was an employer operating and subject to the provisions of the Missouri Compensation Law on November 6, 2000 and was fully insured by Liberty Mutual Insurance, Co.;

(2) That James Wickam was its Employee and working subject to the law in Kansas City, Jackson County, Missouri;

(3) That Employee sustained an accident or occupational disease arising out of and in the course and scope of his employment on November 6, 2000;

(4) That Employee notified the Employer of his injuries as required by law and his claim was filed within the time allowed by law;

(5) That Employee's average weekly wage was $\ 800.00 resulting in a compensation rate of $\ 533.33 for temporary total and permanent total disability and $\ 314.26 for permanent partial disability compensation;

(6) That the Employer has paid temporary total disability compensation in the amount of zero and medical care costs of $\ 10,067.83;

(7) That the Employer and the Employee settled the primary claim for 18 % permanent partial disability to the body as a whole.

The issues to be resolved by this hearing are as follows:

(1) Whether the Employee suffered any disability from the last accident and if so the nature and extent of such disability, and

(2) Whether the Second Injury Fund is liable to Employee for any disability compensation.

The Employee, James Wickam, testified in person and offered the following exhibits, all of which were admitted into evidence without objection:

A - Dr. Koprivica Independent Medical Exam report dated 11/1/01

B - Occupational Health Services

C - Health South Rehabilitation

D - Dr. Thomas McCormack

E - Dr. C. Daniel Smith

F - Dr. C. Craig Satterlee

G - Trinity Lutheran - Dr. Ahmed EMG

H - Dr. Satterlee Operative Report

I - North Kansas City Hospital

J - Health South Rehabilitation

K - Health South Rehabilitation - FCE report

L - Dr. Koprivica Independent Medical Exam report dated 10/12/04

M - Northland Bone \& Joint

N - North Kansas City Hospital

O - Health South FCE report

P - Marry Titterington, vocational consultant report dated 9/8/07

Q - Dr. Koprivica Addendum dated 4/16/09

R - Dr. Koprivica Addendum dated 10/25/09

S - Dr. Raghavendra Adiga

T - Dr. Sidney Christiansen

U - Heartland Health

V - KU Medical Center

W - Mid America Cardiology

X - Dr. Koprivica 4/15/10 deposition with exhibits

Y - Mary Titterington 7/27/10 deposition with exhibits

Z - Dr. Allan Schmidt Psych Evaluation report dated 3/30/11

AA - Dr. Koprivica Addendum dated 12/26/11

BB - Dr. Koprivica 10/18/12 deposition with exhibits

CC - Dr. Schmidt 3/7/13 deposition with exhibits

The Second Injury Fund did not call any witnesses and offered the following exhibits which were admitted into evidence without objection:

1 - Claim for Compensation

2 - Stipulation

Claimant (James Wickam) is a 72 year old male. He completed high school in 1960 with above average grades. Through his life he has had a variety of jobs such as butcher, police officer, tractor trailer operator, and heavy equipment operator.

Mr. Wickam reported several injuries and problems prior to his November 6, 2000, occupational disease. In 1961, he suffered a right hand injury which led to the amputation of his distal right index and middle finger. On August 17, 1999, he sustained an injury to his right shoulder, for which he underwent a right shoulder replacement on December 6, 2000. Claimant also testified regarding some personality traits which have hindered him during his lifetime.

Mr. Wickam's November 6, 2000, occupational disease symptoms initially appeared following the 1999 right shoulder injury. Following this shoulder injury, Mr. Wickam complained of numbness in his right hand, leading his physician, Dr. Ahmed, to perform electrodiagnostic studies on his right upper extremity on November 6, 2000. This test revealed moderate to severe carpal tunnel syndrome on the right along with mild ulnar neuropathy at the wrist.

Following this diagnosis, Mr. Wickam filed his claim for compensation with the Division of Workers' Compensation alleging these symptoms were work related and indicated an injury or occupational disease date of November 6, 2000. Claimant eventually underwent a right carpal tunnel release on September 12, 2003, and a left carpal tunnel release on December 22, 2003. Mr. Wickam subsequently filed an amended claim for compensation for the 2000 occupational disease in November 2004, alleging an injury date of April 18, 2003, the approximate last day he worked. He also named an additional employer List and Clark for whom he was working on April 18, 2003. He had not worked for Republic Services since 2000.

Subsequent to the November 6, 2000, occupational disease, Claimant underwent significant treatment to both knees, his shoulder and for sleep apnea. He has undergone arthroscopies to both knees for debridement purposes and has received a recommendation for a

total knee arthroplasty to the left knee. For his sleep apnea condition he underwent a tracheotomy on June 3, 2003. He has undergone two unsuccessful attempts at tracheal debridement surgically since. He has also undergone a shoulder replacement.

Employee testified that he lost the tips of his fingers on his right hand in 1961. He stated it was just the tips and over the last 50 years he has learned to work around them. He was initially diagnosed in April 1999 after a sleep test, with sleep apnea. He stated that he had hurt his shoulder and was off work and gained a great deal of weight. This weight gained was the catalyst to his sleep apnea. However it is noted that his shoulder injury was in August of 1999 some 4 months after the initial sleep test. He also stated that he did not feel his sleep apnea was "that big enough of a deal" to worry about. He stated it was bothering him in 2003 and that he would sleep in his truck prior to starting jobs, he would also sleep in the cab of his machine during breaks as well as nap on the way home if necessary. However there is no testimony about how it affected him prior to his 2000 injury other than the fact there was a sleep test done which was never followed up with any treatment or care. Finally Employee also testified that due to his knee problems he would use a milk crate to climb into his machines. However again there is no timeline or dates to show whether this was before or after his 2000 injury.

Claimant retained several medical and vocational experts to evaluate his claim. Dr. Koprivica, retained by Mr. Wickam, issued five reports, although he evaluated Mr. Wickam on two occasions: November 1, 2001, and October 12, 2004. In his November 1, 2001, report, Dr. Koprivica diagnosed Claimant with bilateral carpal tunnel syndrome and opined his employment as a heavy equipment operator w