Martha Satterfield v. Carlisle Power Transmission

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 13-098713

Employee: Martha Satterfield

Employer: Carlisle Power Transmission (Settled)

Insurer: New Hampshire Insurance Co./AIG (Settled)

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 December 30, 2016. The award and decision of Administrative Law Judge Victorine R. Mahon, issued December 30, 2016, is attached and incorporated by this reference.

The Commission further approves and affirms 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 $\qquad 7th \qquad$ day of July 2017.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

VACANT

Member

Curtis E. Chick, Jr., Member

Attest:

1. Value necessary medical aid paid to date by employer/insurer? $\ 3,763.80.
2. Value necessary medical aid not furnished by employer/insurer? N/A.
3. Employee's average weekly wages: Sufficient to yield the maximum permanent partial disability rate.
4. Weekly Compensation Rate: $\ 446.85.
5. Method wages computation: By agreement.

1. Amount of compensation payable:

Settled as to Employer.

1. Second Injury Fund liability: Yes.

22.45 weeks $x \$ 446.85=

TOTAL: \mathbf{\$ 1 0 , 0 3 1 . 7 8 .}$

1. Future requirements awarded: None.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: John Newman, Esq.

The parties appeared before the undersigned Administrative Law Judge on November 8, 2016, for a Final Hearing in Springfield, Missouri, to determine the liability of the Second Injury Fund in the matter of Martha Satterfield. Attorney John Newman represented Ms. Satterfield. Assistant Attorney General Skyler Burks represented the Treasurer of the State of Missouri, as Custodian of the Second Injury Fund. Carlisle Companies and its insurer previously settled with Ms. Satterfield and did not participate in the hearing. The parties stipulated to the following:

1. On December 20, 2013, Martha Satterfield (Claimant) sustained an accidental injury arising out of and in the course of her employment with Carlisle Companies (also referenced as Carlisle Power Transmission), a Missouri employer fully insured with New Hampshire Insurance Company/AIG Workers’ Compensation (hereafter referenced collectively as Employer).
2. The injury occurred while Claimant was working in Springfield, Greene County, Missouri. Venue and jurisdiction are proper.
3. Employer and Claimant were subject to the Missouri Workers’ Compensation Law on the date of the injury.
4. Employer received proper notice of the injury. The claims against Employer and the Second Injury Fund were filed timely.
5. The average weekly wage at the date of injury was sufficient to yield a permanent partial disability rate of $\ 446.85.
6. Employer paid medical expenses totaling $\ 3,763.80, and temporary disability of $\ 7,329.65.
7. As a result of the work injury on December 20, 2013, Claimant sustained a 16.5 percent permanent partial disability to the right foot at the 150-week level.

The parties agree that the following are the issues for the hearing:

- Does the Second Injury Fund have liability?

- If yes, what is the nature and extent of that liability?

The following exhibits were offered and received into evidence without objection:

1. Stipulation for Compromise Settlement with Employer approved September 13, 2016
2. Medical Report of Dr. David Volarich, with exhibits

I. Deposition of Martha Satterfield

Claimant testified credibly. Claimant is 72 years old. She had been employed with Carlisle Power Transmission (also known as Carlisle Companies) for at least 20 years. She has held a number of different production jobs during her employment there. On December 20, 2013, she was working as a packer, which was a physically-demanding position. About 10:30 p.m., after having worked more than six hours of her shift, she sustained a work injury. It occurred when the steel toe of her shoe caught on the corner of a pallet. This thrust her forward and toward a large cloth-like buggy. While the buggy broke her fall, Claimant's foot was yanked from underneath the pallet, causing a metatarsal fracture.

Employer provided appropriate medical treatment. Because no light duty was available within Claimant's doctor-imposed restrictions, she was off work for several months. Conservative treatment eventually allowed Claimant to return to work; however, she continued to have physical problems as a result of the injury of December 20, 2013.

Claimant explained that her job requires extensive standing. Extensive standing exacerbates her pain. Even when sitting, Claimant will sometimes have shooting pains in her lower extremity. Consequently, she now must take rest breaks when possible to alleviate the discomfort in her foot. She has to keep her eyes on the floor to avoid additional falls. She previously walked five miles multiple times a week for fitness; she now can walk no more than half that distance. She no longer can run. She takes over-the counter and prescription medications (tramadol) for relief of the foot pain, as well as for other conditions.

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[^0]: ${ }^{1}$ Only evidence necessary to support the Award is included in the Findings of Fact. Objections not previously addressed now are overruled. The Administrative Law Judge made no marks or highlights in any of the exhibits.

As Claimant testified, she long has had problems with her hands, including weakness and constant aching. She must wear braces to perform her job. ${ }^{2}$ Even then she often drops things. She cannot perform everyday tasks, such as opening jars or driving her vehicle, without aching in her left hand. While she had no doctor-imposed restrictions to her hands before December 20, 2013, the deformity in her hands and the pain was extant long before the primary or last work injury. Medical records reveal that Dr. Wyrsch had diagnosed osteoarthritis as early as March 13, 2006. Even a cursory look at Claimant's knotted fingers reveals significant deformity. It is apparent even to a layman that the osteoarthritis has caused a severe disability in Claimant's hands and has affected her ability to perform the hand-intensive activities.

On November 25, 2015, Dr. David Volarich examined Claimant, took a history, and issued a report. Dr. Volarich asserted that Claimant had an accident arising out of and in the course of employment that resulted in injury and disability to Claimant's foot. With respect to Claimant's primary or last work injury occurring on December 20, 2013, Dr. Volarich found that Claimant had suffered a fracture of the right foot at the first metatarsal and "continues to experience difficulties from this injury." Upon Dr. Volarich's inquiry, Claimant advised the rating physician that standing all day on concrete had caused her more pain, inhibited her in quick movements, and required her to be more careful in taking steps. She also explained that she requires rest for her foot while on breaks and during slow times.

Dr. Volarich concluded that Claimant's injury to her right foot, resulting from the December 20, 2013, work accident, resulted in a 25 percent permanent partial disability at the level of the first metatarsal. This rating took into consideration Claimant's ongoing pain and difficulty with prolonged weight-bearing and impact activities.

Dr. Volarich also identified preexisting disabilities to each hand as a result of degenerative arthritis. Xrays demonstrated osteoarthritis of the PIP joints, with an angular deformity at the base of the articular surfaces. Dr. Volarich noted that Claimant had "significant pain" in her hands in all of her joints. Claimant had reported to Dr. Volarich that the deformity in her hands started when she was assigned to work with gas hoses shortly after being employed with Carlisle in 1996. She noted grip weakness and difficulty with fine motor activities. She reported to Dr. Volarich that she had a hard time opening jars, dropped small items, and experienced difficulty lifting heavy items. While she could drive, she had to switch hands. She began wearing splints at work. Despite these ongoing hand symptoms, Claimant continued to work full duty. With respect to the preexisting disabilities, Dr. Volarich said Claimant had suffered a 25 percent permanent partial disability to each hand