**Employee:** Richard Raney
**Injury No.:** 17-014806
**Dependents:** N/A
**Employer:** Dollar Tree Stores, Inc.
**Insurer:** Arch Insurance Company, c/o Sedgwick Clams Management Services
**Additional Party:** N/A
**Hearing Date:** September 26, 2018
**Checked by:** KAE
The above-referenced workers' compensation claim was heard before the undersigned Administrative Law Judge on September 26, 2018. The parties were afforded an opportunity to submit briefs or proposed awards, resulting in the record being completed and submitted to the undersigned on or about October 12, 2018.
The employee appeared personally and through his attorney, Randy Alberhasky. The employer and insurer appeared through their attorney, Mark Kornblum.
The parties entered into a stipulation of facts. The stipulation is as follows:
- On or about 02/27/2017, Dollar Tree Stores, Inc., was an employer operating under and subject to The Missouri Workers' Compensation Law and during this time was fully insured by Arch Insurance Company.
- On the alleged injury date of 02/27/2017, Richard Raney was an employee of the employer and was working under and subject to The Missouri Workers' Compensation Law.
- On or about 02/27/2017, the employee sustained an accident, which arose out of and in the course of his employment with the employer.
- The above-referenced employment and accident occurred in Lawrence County, Missouri. The parties agree to venue lying in Greene County, Missouri. Venue is proper.
- The employee notified the employer of his injury as required by Section 287.420, RSMo.
- The Claim for Compensation was filed within the time prescribed by Section 287.430, RSMo.
Page 3
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Richard Raney
Injury No.:17-014806
(7) At the time of the alleged accident of 02/27/2017, the employee's average weekly wage was 356.28, which is sufficient to allow a compensation rate of 237.52 for temporary total disability compensation/permanent total disability compensation, and a compensation rate of $237.52 for permanent partial disability compensation.
(8) Temporary total disability compensation has been provided to the employee in the amount of $1,815.40, representing approximately 8 1/7 weeks in disability benefits, payable for the periods of March 10, 2017 through May 6, 2017.
(9) Employee is entitled to $148.00 for an underpayment of TTD benefits paid during the period between March 10, 2017 and May 6, 2017.
(10) The employer and insurer have provided medical treatment to the employee, having paid $9,688.56 in medical expenses.
The issues to be resolved by hearing include:
(1) Whether the employee has sustained injuries that will require additional or future medical care in order to cure and relieve the employee from the effects of the injuries.
(2) Whether the employee is entitled to temporary total disability compensation. (The employee seeks payment for 72.6 weeks of temporary total disability compensation, payable for the period of 05/07/2017 to June 3, 2017 and June 17, 2017 through present day.)
(3) Whether the employee sustained any permanent disability as a consequence of the alleged accident of 02/27/2017, if no treatment is ordered; and, if so, what is the nature and extent of the disability?
EVIDENCE PRESENTED
The employee testified at the hearing in support of his claim. In addition, the employee offered for admission the following exhibits:
Exhibit 1. Carr Physical Therapy, 7 pages certified 05.31.17
Exhibit 2. Chiropractic Plus, 14 pages certified 08.11.17
Exhibit 3. CoxHealth Monett, 143 pages certified 06.12.17
Exhibit 4. Dr. Montz-Goble, 6 pages certified 05.11.17
Exhibit 5. Mercy, 27 pages certified 05.22.17
Exhibit 6. Mercy, 33 pages certified 05.25.17
Exhibit 7. Mercy Occupational Medicine, 76 pages certified 05.26.17
Exhibit 8. MRI of Springfield, 6 pages certified 06.17.17
Exhibit 9. Dr. Truett Swaim IME report dated 08.07.17
a. C.V.
Page 4
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Richard Raney
Injury No. 17-014806
Exhibit 10
Claim dated 05.03.17
Exhibit 11
Answer from Employer/Insurer 05.31.17
Exhibit 12
Report of Injury
Exhibit 13
Disclosure of Medical Records to Opposing Counsel dated 10.23.17
Exhibit 14
R.S.Mo §287.210 letter dated 05.23.18
Exhibit 15
Deposition of Richard Raney dated 09.27.17
The exhibits were received and admitted into evidence.
The employer and insurer presented 1 witness at the hearing of this case - Tisha Osgood. In addition, the employer and insurer offered for admission the following exhibits:
Exhibit A
Deposition of Dr. Taylor
The exhibits were received and admitted into evidence.
All exhibits appear as the exhibits were received and admitted into evidence at the evidentiary hearing. There has been no alteration (including highlighting or underscoring) of any exhibit by the undersigned judge.
FINDINGS OF FACT
Employee Testimony
Employee, Richard Lee Raney, is 37 years old. He is divorced and has no children. Employee filed for bankruptcy at the conclusion of his divorce and receives no alimony. He attended high school through the 11th grade and did not attain a high school degree or GED; nor has he pursued any college-level credits or specialized skills training. Employee testified that he has essentially been employed since he left high school. Mr. Raney has been employed with Dollar Tree as an assistant general manager since September 16, 2016. Prior to his employment at Dollar Tree, Employee worked for 10 years as an assistant manager at a Super 8 Motel. He testified that his work at Super 8 was not physically demanding and that he simply managed people and the guests. Concurrent to his work at Super 8, Claimant performed office cleaning; this work was done part-time for a period of approximately 4-6 years. This job involved bending down, taking out the trash, and general office cleaning. Prior to this work, he worked at EFCO Corporation as a bander, and prior to that employ, Employee worked at a paintball factory.
Mr. Raney testified that he is still technically employed by Employer. Prior to his work injury, Employee worked approximately 40 hours per week. His job duties required him to do retail-type work, including managing the store, managing the freight, and delegating stock. Physically, Employee would unload pallets of freight and assign them out. The stock generally weighed between 1 pound and 50 pounds. He testified that he stocked shelves every day.
On February 27, 2017, Employee testified that he arrived at work between 5 and 6 a.m. to get the freight ready and to stock shelves. Employee was alone for approximately one hour before another employee was scheduled to arrive to assist him. While he was working alone, he reached up to put a box away and felt some discomfort in his right upper back between his shoulder blades. Mr. Raney continued putting away dried beans, the box of which weighed
Page 5
Issued by DIVISION OF WORKERS' COMPENSATION
Employee: Richard Raney
Injury No. 17-014806
approximately 20-35 pounds. Employee worked for approximately 10-15 minutes before he stated that he could not work anymore. On cross-examination, when asked to clarify this event, Claimant testified that he felt discomfort when he pulled the box off of the shelf and then later bent down and felt a sharp pain. Employee then texted his boss, Tisha Osgood, advising her that he thought he had "messed something up." Ms. Osgood arrived at the store at approximately 9 a.m. Upon arrival at the store, Ms. Osgood was informed by the Claimant that he thought he had pulled something and he wanted to go to the chiropractor.
Prior to February 27, 2017, Employee testified that he had no problems with his back. However, he would go to the chiropractor for full body adjustments. Prior to this accident, Employee was prescribed Klonopin and Lexapro for anxiety and depression. Employee testified that at the time of the hearing, he is no longer taking that medicatio