Tim Johnson v. DIRECTV Home Services

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: December 19, 2012
5. State location where accident occurred or occupational disease was contracted: Camden 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: See Award
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, right ankle
14. Nature and extent of any permanent disability: 35 % body regarding low back; 10 % right ankle
15. Compensation paid to-date for temporary disability: $\ 31,797.66
16. Value necessary medical aid paid to date by employer/insurer? $\ 39,279.61

Employee: Tim Johnson Injury No. 12-100647

1. Value necessary medical aid not furnished by employer/insurer? - 0 -
2. Employee's average weekly wages: $\ 994.13
3. Weekly compensation rate: $\$ 662.75 / \ 433.58
4. Method wages computation: By agreement

1. Amount of compensation payable: Employer/Insurer $=\ 67,421.69 ( 35 % body and 10 % right ankle)
2. Second Injury Fund liability: $\quad 155.5 weeks at \$ 229.17=\ 35,635.94

$\ 662.75 from December 10, 2016 (155.5 weeks from December 17, 2013)

1. Future Requirements Awarded: None

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

The compensation awarded to Claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: Ryan Murphy.

The above-referenced workers' compensation claim was heard before the undersigned administrative law judge on March 15, 2017. Memoranda were submitted by April 14, 2017.

The parties stipulated that on or about December 19, 2012, the claimant, Tim Johnson, was in the employment of DirecTV Home Services (DirecTV). Mr. Johnson sustained an injury by accident; the accident arose out of and in the course of employment. The employer was operating under the provisions of Missouri's workers' compensation law; workers' compensation liability was insured by Liberty Mutual Insurance Company. The employer had notice of the injury. A claim for compensation was timely filed. The claimant's average weekly wage was $\ 994.13; the corresponding rate of compensation is $\ 662.75 per week for temporary total and permanent total disability benefits and $\ 433.58 per week for permanent partial disability benefits. Temporary disability benefits have been provided in the amount of \$31,797.66, paid through December 17, 2013. Medical aid has been provided in the amount of $\ 39,279.61.

The issues to be resolved by hearing include 1) the nature and extent of permanent disability and the liability of the employer/insurer therefor, 2) the liability of the Second Injury Fund, and 3) the liability of the employer/insurer for future medical treatment.

The parties have stipulated to a date of maximum medical improvement of December 17, 2013.

The claimant, Timothy Johnson, testified that he was 48 years old as of the date of hearing. Mr. Johnson did not graduate from high school but attended the tenth grade. Mr. Johnson did not receive a GED. Mr. Johnson said that his work with DirecTV as a satellite technician involved the installation and repair of television dishes. Mr. Johnson fell on the evening of December 19, 2012, at about 6:30 pm in a customer's yard; according to Mr. Johnson it was dark and he was using a headlamp to see and the customer's yard was very cluttered.

Mr. Johnson injured his right foot, right buttock, and low back. After receiving initial medical treatment, Mr. Johnson was referred to Dr. Lennard who treated Mr. Johnson with spinal injections, a TENS unit, physical therapy, and pain management. Mr. Johnson was also referred to Dr. Salim Rahman who performed a microdiscectomy at L5-S1, followed by more physical therapy and pain medications. On December 17, 2013, Mr. Johnson was released from treatment.

Mr. Johnson testified that he took no pain medication prior to December 19, 2012, and now takes Norco, acetaminophen, and ibuprofen daily for his low back injury of 2012. These prescriptions are now provided by Mr. Johnson's primary care physician. Mr. Johnson testified to constant pain in his low back and right buttock and occasional pain in the right foot and leg. In his deposition testimony, Mr. Johnson said that sitting up straight causes back pain as do activities like showering or putting on shoes. His back pain was described by Mr. Johnson in his deposition testimony as at an eight for his back and at a six or seven for his right leg. Mr. Johnson said that he has not worked since March of 2013, when he was taken off of light duty by DirecTV, due to his pain and his need to lie down two to three times during the day. Mr. Johnson said that lying down flat on his back or lying in a flat recliner alleviates his back pain and that he will lie down for 45 minutes to an hour at a time. Mr. Johnson said that sitting up or walking for more than 30 minutes increases his pain to the point where he needs to lie down.

Mr. Johnson testified that when he was two years old he fell, severing the muscles in his right leg below his right buttock. During surgery to repair the muscles, a nerve was nicked resulting in paralysis of the right leg. Mr. Johnson testified to multiple surgeries as well as consistent medical treatment for the next ten to twelve years. Mr. Johnson wore a brace for the next ten years for stability and because he had a drop foot. Mr. Johnson said that he was teased as a child and called names like "squeaky" because his brace squeaked. Mr. Johnson said that he suffered from anxiety and began drinking. At the age of 35 Mr . Johnson was put on a permanent regimen of Xanax and has not had anything alcoholic to drink since then. Mr. Johnson said that the right leg never regained full function and mobility and that he cannot rotate the right ankle.

Mr. Johnson discussed having symptoms in his low back and right buttocks prior to 2012, but said that he never needed prescription medication or injections prior to 2012 to control his symptoms. Similarly, Mr. Johnson was able to control his anxiety and sleep difficulties with medication prior to 2012, but now has anxiety and trouble sleeping despite the continued use of the same medication.

Mr. Johnson's work history prior to 2012 includes work in construction framing houses; Mr. Johnson said that he could not climb on a roof without decking due to his right leg and foot injury and that he was fired from the construction job as a result. As a welder, Mr. Johnson would add cardboard or mats to stand on to make it easier to stand on his right leg and foot; Mr. Johnson said that his work was slower and that he took more breaks. Mr. Johnson also worked as a truck driver prior to his 2012 accident and injury; Mr. Johnson was not able to work as a truck driver after he began taking anti-anxiety medications pursuant to Department of

**Employee:** Tim Johnson

**Injury No.:** 12-100647

Transportation regulations; Mr. Johnson also testified that he had difficulty keeping his right foot on the gas pedal for extended periods of time when he was truck driving. Mr. Johnson began work for DirecTV in 2010, installing and repairing satellite televisions. Mr. Johnson said that he had trouble climbing on roofs and balancing on ladder rungs prior to his 2012 accident and injury and preferred "pole mounts" to "roof mounts".

Dr. Ted Lennard's records reflect his treatment of Mr. Johnson from March 12, 2013, through April 2, 2014. In the notes for April 2, 2014, Dr. Lennard opined to a 15 percent permanent disability as the result of Mr. Johnson's L5-S1 right hemi-microdiscectomy. Dr. Lennard also imposed permanent lifting restrictions of 25 pounds and recommended against prolonged bending. Dr. Lennard does not mention disability or restrictions pertinent to the right foot.

Dr. Robert Paul, medical doctor, testified by deposition that he evaluated Mr. Johnson on April 16, 2014, and issued reports pertaining to his evaluation on June 20, 2014, and April 11, 2015. Dr. Paul opined that Mr. Johnson has a permanent disability of 25 percent of the body attributable to the low back and 10 percent of the right ankle at the 155 week level as the result of the accident and injury of December 19, 2012, as well as preexisting disability of 20 percent of the right knee due to sciatic nerve damage, and 20 percent of the right ankle at the 155 week level due to the fusion surgery and tenodesis of the Achilles heel. Dr. Paul found the 2012 injury and the preexisting injuries to combine synergistically to make Mr. Johnson more disabled. Dr. Paul also provided a functional ability statement in which he restricted Mr. Johnson to no more than two hours of standing or walking in an eight-hour day as well as no sitting for more