Connie Holloway v. Emerson Electric / Emerson Climate Technology

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 17-088003

**Employee:** Connie Holloway

**Employer:** Emerson Electric/Emerson Climate Technology

**Insurer:** Old Republic 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 16, 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 Victorine R. Mahon, issued October 16, 2018, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 13th day of June 2019.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

**Employee:** Connie Holloway

**Dependents:** N/A

**Employer:** Emerson Electric / Emerson Climate Technology

**Address:** 1201 N. 16th Street, New York 11, 10026, U.S.A.

**Address:** 1201 N. 16th Street, New York 11, 10026, U.S.A.

**Employer:** Emerson Electric / Emerson Climate Technology

**Address:** 1201 N. 16th Street, New York 11, 10026, U.S.A.

**Address:** 1201 N. 16th Street, New York 11, 10026, U.S.A.

**Employer:** Emerson Electric / Emerson Climate Technology

**Address:** 1201 N. 16th Street, New York 11, 10026, U.S.A.

**Employer:** Emerson Electric / Emerson Climate Technology

**Address:** 1201 N. 16th Street, New York 11, 10026, U.S.A.

**Injury No.:** 17-088003

**Before the Division of Workers' Compensation**

**Department of Labor and Industrial Relations of Missouri**

**Jefferson City, Missouri**

**Insurer:** Old Republic Insurance Company

**Hearing Date:** August 1, 2018; Record Closed August 31, 2018

**Checked by:** VRM/ps

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: March 1, 2017.

1. State location where accident occurred or occupational disease was contracted: Ava, Douglas 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: This was an injury due to repetitive job duties.

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: Right upper extremity.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Connie Holloway

Injury No.: 17-088003

1. Nature and extent of any permanent disability: To be determined.

1. Compensation paid to-date for temporary disability: None.

1. Value necessary medical paid to date by employer/insurer? Unknown.

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

1. Employee's average weekly wages: Not at issue at this time.

1. Weekly compensation rate: Not at issue at this time.

1. Method wages computation: Not at issue at this time.

**COMPENSATION PAYABLE**

1. Amount of compensation payable: See future requirements below.

1. Second Injury Fund liability: Not applicable.

1. Future requirements awarded:

Employer/Insurer shall provide medical care to cure or relieve the effects of the work-related injury, as discussed in the Award.

This Award is temporary or partial, it is subject to further order, and these proceedings are continued and shall remain open until a Final Award can be made. Failure to comply with the terms of this Award may result in the doubling of any amounts if such Final Award is in accordance with this Temporary or Partial Award.

Although Claimant at this time is requesting no back temporary disability or unpaid medical benefits, Claimant's attorneys, Newman Law Firm, LLC, have provided a valuable service and normally would be due a 25-percent fee on the lien of any proceeds.

Page 2

Employee: Connie Holloway

Injury No.: 17-088003

Dependents: N/A

Employer: Emerson Electric / Emerson Climate Technology

Additional Party: Treasurer of Missouri as

Custodian of the Second Injury Fund

Insurer: Old Republic Insurance Company

Hearing Date: August 1, 2018; Record Closed August 31, 2018

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Insurer: Old Republic Insurance Company

Hearing Date: August 1, 2018; Record Closed August 31, 2018

Checked by: VRM/ps

The undersigned Administrative Law Judge conducted a Hardship Hearing in Springfield, Missouri, on August 1, 2018. Attorneys John Newman and Jennifer Newman represented Connie Holloway (Claimant). Attorneys Shari Lockhart and Kelli Anderson appeared on behalf of Emerson Electric (Employer) and Old Republic Insurance (Insurer). Don Hanger was present as the Employer's corporate representative. The Second Injury Fund did not participate in the hearing. The parties reached stipulations of fact and narrowed the issues as follows:

1. On March 1, 2017, Emerson Climate Technology (now Emerson Electric) was an employer operating subject to the Missouri Workers' Compensation Law, and during that time was insured with Old Republic Insurance Company, c/o Helsman Management Services.
2. On March 1, 2017, Connie Holloway was an employee of Employer and was working subject to The Missouri Workers' Compensation Law.
3. The employment and alleged injury occurred in Douglas County, Missouri. The parties agreed to a change of venue to Greene County, Missouri, for purposes of the hardship hearing. Venue and jurisdiction are proper.
4. Claimant notified Employer of her injury as required by § 287.420 RSMo.
5. The Claim for Compensation was filed within timely per § 287.430 RSMo.
6. The parties deferred the issue of the proper average weekly wage and compensation rate.
7. No Temporary Total Disability (TTD) benefits have been paid to Claimant.

Page 3

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Connie Holloway

Injury No.: 17-088003

(8) Employer provided some medical treatment to Claimant; however, the dollar amount of such treatment was not available at the time of hearing.

ISSUES

(1) Were Claimant's work duties the cause of the medical conditions for which she now seeks treatment?

(2) Is Employer liable for medical treatment to cure and relieve the claimant of the effects of the injury?

EVIDENCE PRESENTED¹

Live Testimony:

Connie Holloway

Chris Shaefer

Ted Lennard, M.D.

Kay Pierce

Claimant's Exhibits:

1. Curriculum Vitae - Dr. Ted Lennard
2. Report - Dr. Ted Lennard
3. Emerson Climate Technology Accident Report
4. Box of Copy Paper

Employer and Insurer's Exhibits:

A. Deposition - Dr. Shawn Kutnik (May 29, 2018)

B. Report - Dr. Shawn Kutnik (June 26, 2018)

C. Deposition - Connie Holloway (February 8, 2018)

D. Records Keyed

D-1. Records Keys with Explanatory Information

E. Parts Handled

E-1. Parts Handled with Explanatory Information²

¹ The administrative law judge made no marks on any exhibit.

² Exhibits A, B and C were received and admitted into evidence on August 1, 2018. Claimant objected to Exhibits D and E, as these exhibits did not specify that they related to Claimant. The exhibits were received provisionally, on the stipulation that Employer/Insurer provide supplemental information within 30 days. Employer/Insurer also were given 30 days to provide evidence in response to Exhibit 4 - which was a box of copy paper. On August 28, 2018, Employer/Insurer substituted Exhibits D-1 and E-1, to which Claimant had no objection. Exhibits D-1 and E-1 were received and admitted into evidence and the record closed. No additional evidence was received with respect to Exhibit 4. The box of paper was released to the custody of Claimant's counsel.

Page 4

MNKOI 0000611657

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Connie Holloway

Injury No.: 17-088003

Claimant is a 57-year-old woman who attended Ava High School until the 11th grade and subsequently obtained a GED. She began working for Emerson Climate Technology (Emerson Electric) in Ava, Missouri, in June 2010. Emerson Electric is a plant that manufactures scroll compressors. Claimant began working as a Tool Crib attendant in March or April of 2013. She was working in the Tool Crib on March 1, 2017, which is the date of injury identified in the Claim for Compensation.

The Tool Crib is about the size of a two-car garage located inside Employer's factory. The Tool Crib attendant fulfills requests for parts and equipment from fellow employees, much like a sales clerk at an auto parts store. An attendant's primary duties include receiving, sorting, and stocking inventory, fulfilling the tool and equipment "issues" from fellow employees, and recording transactions on the computer.

The attendant typically uses tin snips, a screwdriver, and an instrument similar to a box knife to open boxes and containers. A few boxes could be opened without tools. After opening the container, the attendant removes the packing slip and the items from the box. The attendant then verifies that the packing slip and purchase order match the items received, records the inventory on the computer, and stocks the material on shelves in the appropriate location.

There are three shifts of Tool Crib attendants. While most shipments were received on the first shift, the second and third shift attendants must complete the work the first shift failed to process. This was in addition to any freight that occasionally arrived during their own shifts. Claimant primarily worked second shift or third shift. Although the number of boxes received and processed each day vary, Claimant thought she opened, processed, and stocked 35 to 75 boxes of inventory each day. Some of the boxes received in the Tool Crib contained up to 50 different items that had to be unpacked, put away, and entered into the computer. The shipments included 40 x 4 lights, which were heavy in weight. Spindle boxes received in the Tool Crib weighed 30-40 pounds. The larger spindle boxes required a forklift to move. Some boxes contained Simple Green Solution, and each of those jugs weighed 30 to 40 pounds. The Tool Crib received multiple boxes of copy paper weighing 50 pounds on pallets that Claimant was required to lift and move to its proper location. Claimant had handled inventory weighing up to 75 pounds. A forklift could be used to lift the heaviest of boxes and inventory.

In recording the inventory, Claimant was required to tab through a several computer screens and make entries via a keypad and mouse. For each packing slip received, she was required to enter the packing slip number and order number into the computer, circle items received, confirm and save this information in the computer system, stamp packing slips, and initial and