Candace Houchen v. Trimmasters

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 06-022626

Employee: Candace Houchen

Employer: Trimmasters

Insurer: Auto Owners Insurance Company

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 10, 2017. The award and decision of Administrative Law Judge Lawrence G. Rebman, issued May 10, 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 $23^{\text {rd }}$ day of January 2018.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

VACANT

Member

Curtis E. Chick, Jr., Member

Attest:

Employee: Candace Houchen

Injury No. 06-022626

Dependents: N/A

Employer: Trimmasters

Insurer: Auto Owners Insurance Co.

Additional Party: N/A

Hearing Date: January 26, 2017

Checked by: LGR/lh

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: January 13, 2006.
5. State location where accident occurred or occupational disease was contracted: 5601 Brookside Blvd., Kansas City, 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.
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee was lifting sheets of plywood when it was caught by the wind.
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: Cervical spine, left and right shoulders and upper extremities, low back, eyes, teeth and body as a whole.

Employee: Candace Houchen

Injury No. 06-022626

Dependents: N/A

Employer: Trimmasters

Insurer: Auto Owners Insurance Co.

Additional Party: N/A

Hearing Date: January 26, 2017

Checked by: LGR/lh

On January 26, 2017, the Claimant and Employer appeared for a final hearing. The Second Injury Fund is not a party to this claim. The Division had jurisdiction to hear the controversy pursuant to Section 287.110, R.S.Mo. The Claimant, Candace Houchen, appeared in person and with counsel, David Mandelbaum. The Employer appeared through its Counsel, Michael Halloran.

The Employer and Insurer stipulated to the following facts:

1. On January 13, 2006, Trimmasters, Inc., was an Employer operating subject to Missouri's Worker's Compensation law.
2. Auto-Owners Insurance Co. fully insured Trimmasters, Inc.'s liability.
3. Ms. Houchen was an employee of Trimmasters, Inc.
4. The Employee worked subject to the Worker's Compensation Act in Missouri.
5. The Employee sustained an accident arising out of and in the course of employment.
6. That Employee's contract of employment occurred in Missouri.
7. The Employee notified Employer of the accident as required by law in MO. Rev. Stat. §287.420.
8. The Employee filed her claim within the time allotted by law, in Mo. Rev. Stat. $\S 287.430.
9. The Employee's average weekly wage was \ 1,045.41.
10. The employee's compensation rate is $\ 696.97 for temporary total disability, $\ 365.08 for permanent partial disability compensation and $\ 696.97 for permanent total disability compensation.

1. The Employer and Insurer paid the Employee temporary total disability compensation totaling $\ 360,737.74 representing 517.58 weeks of compensation from February 27, 2006, through January 28, 2016
2. The Employer and Insurer provided Employee with medical care costing $\ 288,834.94

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

1. Whether Employee suffered any disability, and, if so, the nature and extent of the injury and disability, including whether the Employee is permanently and totally disabled.
2. Whether Employee is entitled to future medical treatment, mileage and reimbursment for past medical bills.

The Employee offered the following exhibits:

A. Dr. Michael Poppa's reports with supporting records including Dr. Caffrey's vocational report

B. Deposition of Dr. Gregory Wilson

C. MRI films of cervical spine 6/2/14 - Not Offered.

D. Dr. Brian Smith, M.D., MRI report of June 12, 2014

E. Dr. Brian Torgerson M.D., report of June 24, 2014

F. Mileage Detail

G. Out-Of-Pocket Medical/Prescription Expenses

H. Social Security Award

The Administrative Law Judge admitted the exhibits without objection.

The Employer and its Insurer offered the following exhibits:

1. Deposition of Candace Houchen-Bellamy
2. Deposition of Dr. Brian Torgerson, with exhibits.
3. Deposition of Dr. Alan Fielding, with exhibits
4. Deposition of Dr. Gregory L. Wilson, with exhibits.
5. July 7, 2014 report from Blue Eagle Investigations.
6. Edited and unedited video of July 2 and July 3, 2014
7. August 2, 2014 report from Blue Eagle Investigations.
8. Edited and unedited video of July 29 and July 30, 2014
9. September 30, 2014 report from Blue Eagle Investigations.

1. Edited and unedited video of September 25 and September 26, 2014.
2. July 20, 2015 report from Blue Eagle Investigations.
3. Edited and unedited video of July 17, 2015
4. July 22, 2015, report from Blue Eagle Investigations.
5. Edited and unedited video of July 18, 2015.
6. December 16, 2015 report from Blue Eagle Investigations.
7. Edited and unedited video of December 10 and December 11, 2015
8. Compilation of Edited Versions of All Videos.
9. January 21, 2016 report from Dr. Eden Wheeler.

The Administrative Law Judge admitted the exhibits without objection.

The Claimant, Candace Houchen, was 57 years at the time of the hearing, having been born on September 14, 1959. Ms. Houchen is a high school graduate of the class of 1977. After graduation, she completed only a basic real estate course at Longview Community College but did not pursue a real estate sales or broker's license and has never worked in real estate sales. Ms. Houchen has no other formal education or occupational training.

Ms. Houchen's employment history includes only a one year stint as a cashier at an IGA grocery store, one and one half years as a waitress and pizza maker, which she described at the hearing as being a manager, at a Ken's Pizza restaurant in about 1978 (age 18), one year of employment as an apartment manager in approximately 1990 to 1991 (age 30) and the remainder of her adult life has been spent as a homemaker or working in the construction trades, mostly carpentry, which she learned on the job working with her second husband.

On January 13, 2006, while working at her job for the Employer, the Claimant was making and installing wood trim in apartments or condominium units at the employer's job site located in Kansas City, Jackson County, Missouri. Claimant had been ripping 4 by 8 foot sheets of $3 / 4$ inch thick plywood to cut them to size for use in the trim of the window. To rip the plywood, the Claimant had to pick up each sheet and lay it on the table of a table saw. At the time of her injury, Claimant had lifted a sheet of the plywood up onto the saw table and was attempting to turn it over and move to the saw guide when the wind caught the board jerking it from Ms. Houchen. Ms. Houchen testified that she felt pain and thought it would go away. When it did not, she went to her family physician. Her family doctor referred Ms. Houchen to Dr. Sand, a local neurologist. Dr. Sand ordered an MRI scan of the brain and neck.

The February 26, 2006 MRI scan revealed a "huge left paracentral cervical disc protrusion at C5-6 which produces marked deformity of the cervical thecal sac and marked flattening of the cervical spinal cord. Dr. Sand also performed an EMG/NCS of the left upper extremity. The EMG/NCS test did not show any compression.

Dr. Sand referred Ms. Houchen to Dr. Rosenberg, an area neurosurgeon. On March 9, 2006, Dr. Rosenberg notes that Ms. Houchen is taking Gabapentin and Tramadol.

On March 15, 2006, Dr. Rosenberg performed a C5-6 anterior cervical discectomy, fusion and plate fixation to correct the abnormality. On April 18, 2006, Ms. Houchen complained to Dr. Rosenberg of shock-like symptoms into her legs together with a vague morning stiffness into her

arm with a burning-like pain diffusely in the arm in a non-radicular distribution. An x-ray on April 11, 2006 reported the cervical spine was normal above and below the fusion.

On May 10, 2006, an MRI of the left shoulder indicated severe supraspinatus tendinopathy and a possible tear, as well as displacement of the biceps tendon. An MRI of the cervical spine indicates moderate bilateral neural foraminal narrowing.

During her rehabilitation, Ms. Houchen developed difficulties with her eyesight that Dr. Rosenberg diagnosed in his May 19, 2006 report as being caused by the Neurontin that had been prescribed to her. Ms. Houchen, who had not reported prior visual disturbance, was diagnosed with convergence insufficiency and lateral hyperopia on March 29, 2007 by Dr. Thomas Whittaker, M.D., of the University of Kansas Medical Center, Department of Ophthalmology. Dr. Whittaker opined that the condition could be related to the use of Lyrica.

On June 3, 2006, Ms. Houchen is seen by Dr. Patel complaining of pain into the arms and into the legs. Dr. Patel notes that Ms.