William Head v. Missouri Department of Conservation

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 06-094057

Employee: William Chad Head

Employer: Missouri Department of Conservation (Settled)

Insurer: CARO (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 May 31, 2017. The award and decision of Administrative Law Judge Andrea Spillars, issued May 31, 2017, 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 23rd day of October 2017.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

VACANT

Member

Curtis E. Chick, Jr., Member

Attest:

Employee: William Chad Head

Injury No. 06-094057

Dependents:

Employer: Missouri Department of Conservation (settled)

Address: 2011 WV 11th Street, St. Louis, MO 60617

Address: 2011 WV 11th Street, St. Louis, MO 60617

Address: 2011 WV 11th Street, St. Louis, MO 60613

Address: 2011 WV 11th Street, St. Louis, MO 60613

Address: 2011 WV 11th Street, St. Louis, MO 60613

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 2, 2006.
5. State location where accident occurred or occupational disease was contracted: Phelps 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: Employee injured his back and neck while lifting a screen used for pouring concrete.
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: low back, neck, cervical spine, lumbar spine, , body as a whole.
14. Nature and extent of any permanent disability: Employer: 20\% PPD cervical spine (BAW); 35\% PPD lumbar spine (BAW). Second Injury Fund: Permanent total disability.
15. Compensation paid to-date for temporary disability: $\ 17,221.41
16. Value necessary medical aid paid to date by employer/insurer? $\ 59,039.28
17. Value necessary medical aid not furnished by employer/insurer? N/A

An evidentiary hearing was held in this case in Rolla on March 6, 2017. William Chad Head (hereinafter "Claimant") appeared personally and by counsel B. Michael Korte. Treasurer of Missouri, as Custodian of the Second Injury Fund (hereinafter "the Fund"), appeared by counsel, David McCain, Assistant Attorney General. The hearing was held to decide the following issues:

1. Whether Claimant sustained any permanent disability as a consequence of the work-related accident of October 2, 2006, and, if so, the nature and extent of the disability; and
2. Whether the Treasurer of Missouri, as the Custodian of the Second Injury Fund, is liable for payment of permanent partial disability or permanent total disability compensation.

For the purposes of this hearing, the parties stipulated as follows:

1. The Division of Workers' Compensation has jurisdiction over this case, and venue for the hearing is Phelps County;
2. Employer had notice of the injury, and a claim for compensation was filed within the time prescribed by law;
3. Claimant was an employee of the State of Missouri Department of Conservation (hereinafter "Employer") at all relevant times, and both Employer and Claimant were operating under and subject to the provisions of the Missouri Workers' Compensation Law;
4. Employer was self-insured for Missouri Workers' Compensation purposes at all relevant times;
5. The average weekly wage is $\ 533.29, with a compensation rate of $\ 355.53 for both permanent total and permanent partial disability benefits;

1. Claimant sustained an accident arising out of and in the course of his employment with Employer on October 2, 2006;
2. With regard to the accident and injury of October 2, 2006, Claimant reached maximum medical improvement on June 11, 2013;
3. The October 2, 2006, work accident is the prevailing factor in causing Claimant's alleged injuries and disabilities.

Claimant and his wife, Rebecca Mahurin, testified in person at the hearing. Claimant also offered the following exhibits, which were admitted into evidence without objection:

1. Curriculum Vitae of Robert P. Poetz, D.O.
2. Report of Robert P. Poetz, D.O., dated May 14, 2014
3. Addendum Report of Robert P. Poetz, D.O., dated August 1, 2016
4. Deposition of Robert P. Poetz, D.O., dated August 8, 2016
5. Curriculum Vitae of Gary Weimholt, M.S. CDMS
6. Report of Gary Weimholt, dated February 25, 2015
7. Deposition of Gary Weimholt, dated October 11, 2016
8. Stipulation for Compromise Settlement, MO DWC Injury No. 06-094057
9. Medical Records - Springfield Neurological \& Spine Institute (Dr. Wade Ceola, M.D.)
10. Medical Records - Springfield Neurological \& Spine Institute (Dr. Wade Ceola, M.D.)
11. Medical Records - Springfield Neurological \& Spine Institute (Dr. Wade Ceola, M.D.)
12. Medical Records - Springfield Neurological \& Spine Institute (Dr. Wade Ceola, M.D.)
13. Medical Records - Richard Campbell, APN ${ }^{1}$
14. Medical Records - Dr. Ted Lennard, M.D.
15. Medical Records - Dr. James Webb, M.D.
16. Medical Records - St. John's Clinic Salem (Dr. Greg Maynard, D.O.)
17. Medical Records - Dr. Peter Yoon, M.D.
18. Medical Records - The Center Clinic (Peggy Fox, L.P.C.)
19. Medical Records - The Center for Psychiatric Services (Peggy Fox, L.P.C.)
20. Medical Records - Dr. Zulfikar Rasool Vali, M.D.
21. Medical Records - Central MO Pain Management (Dr. Glenn Kunkel, M.D.)
22. Medical Records - Dr. David's Family Clinic (Dr. David Myers, D.O.)
23. Records of Missouri Division of Workers' Compensation,

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[^0]: ${ }^{1}$ Claimant's Exhibits 13, 14, 20, 24, 25, 26, 31, 33, 36, and 39 contain uncertified medical records admitted without objection from the Fund.

The Fund did not present witnesses at the hearing. The Fund offered the following exhibit, which was admitted into evidence without objection: A. Deposition of William Chad Head, dated February 24, 2015

Claimant, age 49 at the time of the hearing, is unemployed but previously worked for Employer as a heavy equipment operator from 2001 until his work injury on October 2, 2006. His job duties entailed pouring concrete, laying asphalt, replacing signs, and operating heavy equipment such as bulldozers and back hoes. His work generally required he lift as much as 140 pounds and involved shoveling, standing, bending, stooping, and walking up to eight hours per day. Depending on the job site, he would sit up to two hours per day when operating heavy equipment.

Overall, Claimant's work history has primarily entailed trade and manual labor positions, such as bricklaying, millwork, and heavy equipment operations. Prior to working for Employer, Claimant was self-employed as a heavy equipment operator from 1999-2001 building ponds and lakes, clearing timber, grading, building roads, and straightening creeks. He owned a dozer and, as owner/operator, was responsible for fixing his equipment and lifting from 50 to 100 pounds. His work required walking, bending, stooping, and climbing up to one hour per day, but "mostly sitting up to eight hours a day" ${ }^{3}$ reaching and operating controls on the equipment.

[^0] [^0]: ${ }^{2}$ Claimant's Exhibit 33 contains uncertified medical records admitted witho