On August 20, 2012, employee was working as a carpenter on a construction project for the Vandalia Area Historical Society. The project involved converting two separate buildings into a single building. Michael Menech, an individual who described himself at the hearing as "self-employed," oversaw and had the right to control employee's day-today activities on this project. For example, Mr. Menech told employee when to report for work, kept track of his hours, inspected his work, directed activities on the jobsite, had the authority to hire and fire workers including employee, and distributed checks to the workers.
Employee: Billy Hood
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Employee had worked for Mr. Menech on other projects before. For purposes of this project, however, all of the checks that Mr. Menech conveyed to employee were drawn upon an account owned by the Vandalia Area Historical Society. Specifically, the Vandalia Area Historical Society provided Mr. Menech with a book of pre-signed checks, and Mr. Menech simply filled in the name of the worker and the amount to be paid before distributing them to the workers. The Vandalia Area Historical Society paid employee $12.50 per hour for his services. In the weeks leading up to the work injury, employee worked between 20 and 50 hours per week, depending upon Mr. Menech's instructions.
As of August 20, 2012, Mr. Menech had not insured his liability pursuant to the Missouri Workers' Compensation Law. Mr. Menech believed he was not an employer, and that he therefore did not need workers' compensation insurance. As of August 20, 2012, the Vandalia Area Historical Society also had not insured its workers' compensation liability.
While employee was using a power saw to cut a used piece of lumber on August 20, 2012, some metal debris from a nail or screw flew out of the board and into his left eye. Employee suffered immediate severe pain and diminished vision in his left eye in connection with this event. Soon thereafter, employee also developed a headache and photophobia. Prior to August 20, 2012, employee had never had vision problems, had never suffered an injury to his left eye or left eye pain, and had never received medical treatment for any issues with his left eye.
Employee immediately informed Mr. Menech that he had been injured. Mr. Menech had actual notice of employee's injury at the time that it occurred. There is no evidence on this record that Mr. Menech was prejudiced, in any fashion, by employee's failure to provide him a written notice of the injury. We find that Mr. Menech was not prejudiced by employee's failure to provide him a written notice of the August 20, 2012, injury.
After trying, without success, to remove the debris from his eye with the help of Mr. Menech, employee sought emergency medical treatment with Dr. Crisanto Gualberto, who recommended employee see an ophthalmologist immediately. Employee then went to University Hospital, where a CT scan revealed a metallic foreign body in employee's left eye, and treating physicians diagnosed a ruptured globe and full-thickness corneal laceration. The attending physicians decided to perform an emergency surgery to repair the ruptured globe and corneal laceration in employee's left eye, and then admitted employee to the hospital for observation. The next day, employee underwent a second surgery owing to continued leakage from the eye. The surgeries involved placement of an implanted contact lens.
Following the emergency medical services employee received on August 20 and 21, 2012, employee underwent some follow-up treatment at University Hospital for several months. Then, on November 23, 2012, employee fell down two flights of stairs after drinking one and a half bottles of Jack Daniels whiskey. He went to the emergency room with complaints of headache, neck pain, and left rib pain. Attending physicians took CT scans and placed a new contact lens in employee's left eye, as the surgically implanted lens had been dislodged and lost in the fall down the stairs.
| Employee: | Billy Hood | Injury No.: 12-107135 |
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On November 17, 2015, employee reported to the University Physicians Mason Eye Institute complaining that both eyes had been exposed to bleach fumes the previous day. A doctor removed the sutures from employee's left eye. Another contact lens was applied to stop leakage after the procedure. At a follow-up visit on November 19, 2015, the doctor noted a corneal scar and traumatic cataract, and recommended surgery. On February 8, 2016, employee underwent surgery to address a corneal scar, conjunctival neoplasm, and uveitic cataract in his left eye.
Employee has not advanced expert medical testimony to delineate whether, following the emergency treatment and surgery he underwent immediately following the accident, he reasonably required any additional treatment to cure and relieve the effects of any diagnosis, medical condition, or injury referable to that accident. Especially in light of the intervening fall down stairs of November 2012 and bleach incident of November 2015, we are not persuaded to make any finding at this time that any treatment, other than the emergency treatment and surgery employee received on August 20 and 21, 2012, was reasonably required to cure and relieve the effects of the work injury.
At the May 5, 2016, hearing before the administrative law judge, employee indicated he is still undergoing active treatment for his left eye, and that his vision is getting better, but that he has good days and bad days. The parties have not advanced any expert medical opinion or other evidence that would support a finding that employee has reached maximum medical improvement from the effects of the accident on August 20, 2012. At oral argument in this matter, counsel for the employee conceded that it is his position that employee has not yet reached maximum medical improvement. We find insufficient evidence on this record to support a finding that employee has reached maximum medical improvement from the effects of the accident on August 20, 2012.