Brenda Britz v. Harley-Davidson Motor Company

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

(Affirming Award and Decision of Administrative Law Judge)

**Injury No. 17-086815**

**Employee:** Brenda L. Britz

**Employer:** Harley-Davidson Motor Company

**Insurer:** Hartford Casualty Insurance Company

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission for review as provided by § 287.480 RSMo, which provides for review concerning the issue of liability only. Having reviewed the evidence and considered the whole record concerning the issue of liability, the Commission finds that the award of the administrative law judge in this regard 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 and adopts the award and decision of the administrative law judge dated October 3, 2018.

This award is only temporary or partial, is subject to further order and the proceedings are hereby continued and kept open until a final award can be made. All parties should be aware of the provisions of § 287.510 RSMo.

The award and decision of Administrative Law Judge Mark Siedlik, issued October 3, 2018, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this **14th** day of February 2019.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

**Attest:**

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Curtis E. Chick, Jr., Member

**Secretary**

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Brenda L. Britz

**Injury No. 17-086815**

**TEMPORARY AWARD**

Employee: Brenda L. Britz

**Injury No. 17-086815**

**Dependents:** N/A

**Employer:** Harley-Davidson Motor Co.

**Insurer:** Trumbull Insurance Company c/o Gallagher Bassett Services

**Hearing Date:** July 31, 2018

**Record Closed:** August 21, 2018

**Checked by:** MSS/pd

**FINDINGS OF FACT AND RULINGS OF LAW**

1. Are any benefits awarded herein? Yes

1. Was the injury or occupational disease compensable under Chapter 287? Yes

1. Was there an accident or incident of occupational disease under the Law? Yes

1. Date of accident or onset of occupational disease: July 6, 2017

1. State location where accident occurred or occupational disease was contracted: Kansas City, Platte County, Missouri

1. Was above Employee in employ of above employer at time of alleged accident or occupational disease? Yes

1. Did employer receive proper notice? Yes

1. Did accident or occupational disease arise out of and in the course of the employment? Yes

1. Was Claim for Compensation filed within time required by Law? Yes

1. Was employer insured by above insurer? Yes

1. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee sustained injury to her left shoulder/arm while installing a gas tank that did not fit properly and while forcefully pushing and shoving down on the tank, her arm began to hurt.

1. Did accident or occupational disease cause death? No. Date of death? N/A

1. Part(s) of body injured by accident or occupational disease: Left shoulder/arm.

WC-32-R1 (6-81)

Page 1

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Brenda L. Britz

Injury No. 17-086815

1. Nature and extent of any permanent disability: N/A

1. Compensation paid to date for temporary disability: None

1. Value necessary medical aid paid to date by employer/insurer? $700.00

1. Value necessary medical aid not furnished by employer/insurer? To be determined

1. Employee's average weekly wages: 733.45

1. Weekly compensation rate: 488.96/$483.48

1. Method wages computation: By stipulation.

COMPENSATION PAYABLE

1. Amount of compensation payable:

1. Second Injury Liability: No.

1. Future requirements awarded: Employer/Insurer are ordered to provide medical treatment necessary to cure and relieve Claimant from injuries sustained to her left shoulder/arm on July 6, 2017.

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 William C. Spooner, Claimant's attorney, for necessary legal services rendered.

* This case to return to general docket pending final disposition.

WC-32-R1 (6-81)

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Employee: Brenda L. Britz

Injury No. 17-086815

Dependents: N/A

Employer: Harley-Davidson Motor Co.

Insurer: Trumbull Insurance Company c/o Gallagher Bassett Services

Hearing Date: July 31, 2018

Record Closed: August 21, 2018

Checked by: MSS/pd

On July 31, 2018, the parties appeared for a Hardship Hearing. The Claimant, Brenda L. Britz, appeared in person and with counsel, William C. Spooner. The Employer/Insurer appeared through counsel, Michael R. Kauphusman. Post-trial briefs were submitted and the record closed August 21, 2018.

Prior to the Hearing, the parties stipulated to the following:

1) On July 6, 2017 ("the injury date"), Brenda L. Britz, was an employee of HarleyDavidson Motor Co., and working subject to the Missouri Workers' Compensation Law;

2) The Employer, Harley-Davidson Motor Co., was an employer operating under and subject to the provisions of Missouri Workers' Compensation Law on July 6, 2017, and its liability was fully insured by Trumbull Insurance Company c/o Gallagher Bassett Services.

3) The Missouri Division of Workers' Compensation has jurisdiction to hear this claim and that venue is proper in Kansas City, Missouri;

4) A Claim for Compensation was filed within the time prescribed by law;

5) The Employee notified the Employer of her injuries as required by law;

6) Employee's average weekly wage is $\ 733.45 resulting in a compensation rate for temporary total disability benefits in the amount of $\ 488.96 and $\ 483.48 for permanent partial disability benefits.

The parties requested the Division to determine the following issues:

1. There is dispute as to whether the Claimant suffered an injury by accident out of and arising out of the course and scope of employment and whether or not the injury was medically casually related.
2. There is a dispute as to whether the Claimant is entitled to future medical care on account of this work injury.

The Employee, Brenda L. Britz, testified in person and offered the following exhibits, all of which were admitted into evidence without objection:

The Employer/Insurer offered the following exhibits all of which were admitted into evidence without objection:

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Brenda L. Britz

Injury No. 17-086815

Based on the above exhibits and the testimony of the Claimant, Brenda L. Britz, this Court makes the following findings:

Claimant is a 48-year-old woman (at time of Hearing) and who had a variety of jobs most of her adult life in different industries. Claimant completed high school and graduated in 1987.

Claimant's relevant work history began in the 1980's for several office-type establishments and did some bartending. Claimant's work history is unremarkable and without noted permanent work-related injuries related to her left shoulder. Claimant began her employment with Harley-Davidson ("Employer") in 2001. Claimant testified that her work duties for Harley-Davidson were daily, numerous and required significant physical capability. Claimant testified that her daily work activities included numerous repetitive daily job tasks using both hands, pushing, jamming, roughly pushing and forcibly using her body weight to maneuver gasoline tanks.

Claimant claims an occupational disease and injury on July 6, 2017 as the result of the repetitive nature of her job duties, including repetitively using both hands, forcibly pushing, and jamming gas tanks onto a motorcycle frame injuring her left shoulder/arm. Prior to July 6, 2017, the Claimant did not have any prior left shoulder pain or problems nor had the Claimant ever received medical care of any kind to her left shoulder or arm. On July 6, 2017, the Claimant was forcibly and roughly jamming a gas tank and dropping all of her body weight to secure a gas tank that was improperly manufactured to get it in the motorcycle frame. Claimant was standing to the left on top of a carrier and awkwardly leaning over with her arms straightened and locked, and while repetitively jamming the gasoline tank down using all of her weight to force the tank onto the frame. Claimant repetitively used her locked arms and shoulders while jamming the gas tank into place. Claimant testified that while she is not sure how many tanks she did, but that it was somewhere between 35-40 tanks, and that each tank required multiple tries with this forceful locked arm jamming while attempting to secure the gas tanks onto the motorcycle frame. Claimant credibly described her work activities, which included this repetitive pushing, jamming, roughly pushing and forcibly using her body weight to maneuver the seized gasoline tank, which became stuck inasmuch as the paint thickness did not allow the gas tank to fit without these repetitive forceful movements.

At the time of Claimant's injuries on July 6, 2017, she testified that she was working in the Dyna Softail line, now called Softail line. Claimant testified that her work group puts on the heat shields, front fender, the standoff for the foot rest or floorboard, the air breather, the gas tank, and the seat, and with the seat is also the coil. The Claimant testified that she had previously worked

WC-32-R1 (6-81)

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Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Brenda L. Britz

Injury No. 17-086815

on the Dyna Softail line through June 2017 and then started on the Softail line, group seven, in July 2017. Claimant testified that the accident occurred on July 6, 2017. Claimant originally stated the accident occurred on June 26, 2017, when filling out her Report of Injury because she had to guess the injury date, but she noted and testified that it occurred after the 4th of July holiday, and was on July 6, 2017. The original Claim for Compensation filed by Claimant reflected August 5, 2017, as this was the date incorrectly reported by the Employer and filed with the Division of Workers' Compensation. The Claimant testified that she was seen in the Lifestyle Center at Harley-Davidson on August 5, 2017. However, the Claimant testified that the first day of the Softail line production started on July 5, 2017, and she was injured on July 6, 2017. The Claim for Compensation was amended to July 6, 2017. The Claimant testified that on July 5, 2017, she worked on front fenders, put the standoffs on for the foot, floorboard or the foot peg depending on the model and did not have any symptoms or pain in her left shoulder. Claimant testified that on July 6, 2017, she installed gas tanks in the morning from 6:00 a.m. until she went to lunch at 11:15 a.m. The Claimant testified that on