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Charles Bourrage v. General Motors

Decision date: December 12, 2019Injury #15-05345212 pages

Summary

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Charles Bourrage's low back injury sustained on July 25, 2015 while pushing and pulling a heavy container was compensable under Missouri workers' compensation law. The award is temporary or partial in nature, with future medical treatment and temporary total disability benefits to be determined, and proceedings remain open for final determination.

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This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

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Third-Party Injury Check

This workers' comp decision may point to a separate injury claim.

  • A driver, contractor, property owner, or equipment company may share fault.
  • The injury involved a vehicle, unsafe premises, defective equipment, or a non-employer vendor.
  • A serious injury or death may need both benefits review and civil-claim analysis.

Caption

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

TEMPORARY OR PARTIAL AWARD

(Affirming Award and Decision of Administrative Law Judge)

**Injury No. 15-053452**

**Employee:** Charles Bourrage

**Employer:** General Motors

**Insurer:** Self-Insured

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, heard oral arguments 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 May 6, 2019.

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 Margaret D. Landolt, issued May 6, 2019, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 12th day of December 2019.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Robert W. Corgejo, Chairman

Reid K. Forrester, Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

Issued by DIVISION OF WORKERS' COMPENSATION

Injury No. 15-053452

TEMPORARY OR PARTIAL AWARD

Employee: Charles Bourrage

Dependents: N/A

Employer: General Motors

Additional Party: N/A

Insurer: Self-Insured

Hearing Date: February 26, 2019 and March 12, 2019

Injury No.: 15-053452

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: MDL

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 25, 2015
  1. State location where accident occurred or occupational disease contracted: St. Charles 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 happened or occupational disease contracted: Employee was pushing and pulling a heavy container when he felt a pop and pain in his low back
  1. Did accident or occupational disease cause death? No
  1. Parts of body injured by accident or occupational disease: Body as a whole - low back
  1. Compensation paid to-date for temporary disability: 0
  1. Value necessary medical aid paid to date by employer/insurer? 0
  1. Value necessary medical aid not furnished by employer/insurer? 0

WC-32-R1 (6-81)

Page 1

Issued by DIVISION OF WORKERS' COMPENSATIONInjury No. 15-053452
Employee: Charles BourrageInjury No.: 15-053452
17. Employee's average weekly wages: $1,108.46
18. Weekly compensation rate: $738.97/$464.58
19. Method wages computation: By stipulation

COMPENSATION PAYABLE

  1. Amount of compensation payable:
Future medical treatment pursuant to Award
TTD benefits beginning on July 14, 2017 and continuing as provided by lawTO BE DETERMINED
TOTAL:TO BE DETERMINED

Each of said payments to begin and be subject to modification and review as provided by law. This award is only temporary or partial, is subject to further order, and the proceedings are hereby continued and the case kept open until a final award can be made.

IF THIS AWARD IS NOT COMPLIED WITH, THE AMOUNT AWARDED HEREIN MAY BE DOUBLED IN THE FINAL AWARD, IF SUCH FINAL AWARD IS IN ACCORDANCE WITH THIS TEMPORARY AWARD.

The compensation awarded to the 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: Mr. Andrew J. Gregory

Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 15-053452

FINDINGS OF FACT and RULINGS OF LAW:

Employee: Charles Bourrage

Dependents: N/A

Employer: General Motors LLC

Additional Party: N/A

Insurer: Self-Insured

Injury No.: 15-053452

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: MDL

PRELIMINARIES

A hearing was held on February 26, 2019 and March 12, 2019 at the Division of Workers' Compensation in St. Charles County, Missouri. Charles Bourrage ("Claimant") was represented by Mr. Andrew J. Gregory. General Motors LLC, ("Employer") which is self-insured, was represented by Mr. John Rommel. Mr. Gregory requested a fee of 25% of Claimant's award.

The parties stipulated that on or about July 25, 2015, Claimant was an employee of Employer; venue is proper in St. Charles County, Missouri; Employer received proper notice of the injury; the claim was timely filed; and Claimant's rates are 738.97 for Temporary Total Disability ("TTD") and 464.58 for Permanent Partial Disability ("PPD") benefits. Employer denied the claim, and paid no benefits.

The issues to be resolved are whether Claimant sustained an accidental injury arising out of and in the course of employment on or about July 25, 2015; medical causation; liability of Employer to provide future medical care; and whether Claimant is entitled to, and Employer is liable for, TTD benefits beginning on July 14, 2017, until such time as Claimant is at maximum medical improvement ("MMI").

Only evidence necessary to support this award will be summarized. The exhibits are in the same condition as they were when received, and no markings were placed on them by the Court.

SUMMARY OF EVIDENCE

Claimant, who is 37-years-old, began working for Employer in June 2014. Claimant passed a pre-employment physical before working for Employer. Before working for Employer, Claimant had no treatment or diagnostic testing with respect to his low back, and no physical restrictions.

On July 25, 2015, Claimant was working as a material handler, and was driving a tugger to deliver a 200-pound bin of brake pedals to the assembly line. Claimant unhooked the bin from the tugger, and pushed and pulled the container by the handles. While attempting to move the heavy container into position on the line, Claimant felt a pop, followed by pain in his low back.

WC-32-R1 (6-81)

Page 3

Issued by DIVISION OF WORKERS' COMPENSATION

Injury No. 15-053452

Claimant immediately told his supervisor and requested medical treatment. Claimant went to the plant medical department on July 25, 2015, and reported a sharp knotting pain across his lower back after pushing and pulling a brake pedal bin. Under objective findings Claimant was observed to be walking with a slow gait, and was slowly and deliberately moving up and down from a seated position in the chair. The assessment was lumbosacral pain. Claimant returned to the plant medical department on July 27, 2015, and reported his back continued to hurt. Under objective findings Claimant was observed to be walking slowly with an unsteady gait and walking slouched over. The assessment was back pain. Claimant was given Motrin, a cold compress, and Biofreeze to use PRN. Claimant was given a medical pass for the remainder of his shift.

Due to significant low back pain, Claimant sought treatment on his own at Anderson Hospital Emergency room on July 27, 2015. Claimant gave a history of a sudden onset of back/side pain while pulling some equipment at work. Claimant was diagnosed with a muscle strain and was prescribed medications and given a restriction of no heavy lifting.

Claimant also saw his primary care physician, Dr. Melissa Kalaher, on July 29, 2015, and reported a work injury the previous Friday while pushing/pulling, and experienced the sudden onset of low back pain. Claimant indicated he returned to work on Sunday, and his prior pain had not yet resolved when he lifted something overhead, and the pain got significantly worse. Dr. Kalaher diagnosed low back pain, prescribed medication, and took Claimant off work for two weeks.

Claimant returned to the plant medical department on July 30, 2015. Claimant again gave a history of injuring his low back on July 25, while pulling a bin full of brake pedals. Claimant was in terrible pain and his right leg felt numb. Claimant was walking very slowly, bent forward at the waist. Claimant was placed on light duty restrictions, given suggested home exercises, and a follow-up appointment was scheduled for August 17, 2015.

Claimant received a letter dated August 5, 2015, from Employer, denying his July 25, 2015 work injury. Employer opined the claim for Workers' Compensation benefits was not compensable, and it would accept no liability for any medical treatment rendered.

After Employer's denial, Claimant continued to seek medical treatment from Dr. Kalaher. Dr. Kalaher continued to prescribe pain medications, continued Claimant's work restrictions, and ordered an MRI. The MRI performed on August 19, 2015, revealed chronic bilateral L5 pars defects without spondylolisthesis, and mild lumbar and lower thoracic spondylosis. Claimant followed up with Dr. Kalaher on September 2, 2015. Claimant told Dr. Kalaher his back pain would come and go, and sitting and standing for long periods could bring it on and make it worse. He indicated he had changed his job to quality control which did not require reaching, bending, stooping, and lifting and asked to return to work. Dr. Kalaher diagnosed back pain with radiation. She allowed him to return to work with no lifting over 25 pounds.

Claimant returned to the emergency room at Anderson Hospital on September 12, 2015. Claimant was complaining of back pain. He stated his pain had worsened while at work. Claimant was diagnosed with back pain, and was given a Medrol Dosepak and work restrictions.

Claimant followed up with Dr. Kalaher on September 17, 2015, regarding the

WC-32-R1 (6-01)

Page 4

Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 15-053452

exacerbation of his severe low back pain. Claimant was advised to use Percocet as-needed for pain, and was given a work restriction. On September 22, 2015, Dr. Kalaher assessed Claimant with low back pain and advised him to keep his return appointment with pain management to formulate a long-term plan. Claimant was advised to remain off work.

Claimant began treating with Vigilant Pain Management on October 5, 2015. Claimant gave a history of a work injury in July 2015, and complaints of low/mid back pain since. On October 13, 2015, Dr. Kalaher wrote a letter stating Claimant suffered a work place injury to the low back on July 25, 2015. She indicated Claimant had been diagnosed with low back pain and degenerative disk disease in the thoracic and lumbar spine. Dr. Kalaher indicated Claimant had been referred to a pain management specialist for further evaluation and treatment. She opined the injury he suffered while at work was the prevailing factor in his current condition.

On January 26, 2016, in the midst of his treatment for his back, Claimant underwent bariatric weight loss surgery.

Claimant followed up with Dr. Kalaher on November 1, 2016, for several complaints, including back pain. Claimant reported his job had changed and required more lifting. He reported he had no radiation to the buttocks or legs, but it went to the mid-back.

Dr. David Volarich examined Claimant

Full decision text continues in the plain-text archive copy.

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