Janet Scott v. SRG Global

(Affirming Award and Decision of Administrative Law Judge)

**Injury No. 10-020815**

**Employee:** Janet K. Scott

**Employer:** SRG Global (settled)

**Insurer:** Hartford Insurance Co. (settled)

**Additional Party:** Treasurer of Missouri as Custodian of Second Injury Fund

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 June 18, 2019, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Lawrence C. Kasten, issued June 18, 2019, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this **21st** day of February 2020.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Shalonn K. Curls, Member

**Attest:**

Secretary

Employee: Janet K. Scott

Injury No. 10-020815

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: SRG Global (settled)

Additional Party: Second Injury Fund

Insurer: Hartford Insurance Co. (settled)

Appearances: Michael Moroni, attorney for the employee.

Assistant Attorney General Crystal Williams, attorney for the Second Injury Fund.

Hearing Date: March 27, 2019

Checked by: ALY/kg

1. Are any benefits awarded herein? No.
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? March 16, 2010.
5. State location where accident occurred or occupational disease contracted: New Madrid County, Missouri.
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
7. Did the 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? No.

Employee: Janet K. Scott

Injury No. 10-020815

1. Was the employer insured by above insurer? Yes.

1. Describe work the employee was doing and how accident happened or occupational disease contracted: Employee was inspecting parts on an elevated dunnage and when she stepped down off the dunnage she experienced excruciating pain and popping in her left ankle.

1. Did accident or occupational disease cause death? No.

1. Parts of body injured by accident or occupational disease: Left ankle.

1. Nature and extent of any permanent disability: See Award.

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

1. Value necessary medical aid paid to date by the employer-insurer: Unknown.

1. Value necessary medical aid not furnished by the employer-insurer: N/A.

1. Employee's average weekly wage: 495.00.

1. Weekly compensation rate: 330.00 for temporary total disability, permanent partial disability, and permanent total disability.

1. Method wages computation: By stipulation.

1. Amount of compensation payable: None.

1. Second Injury Fund liability: None.

1. Future requirements awarded: None.

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Employee: Janet K. Scott

Injury No. 10-020815

On March 27, 2019, the employee, Janet K. Scott (hereafter "Employee"), appeared in person and with her attorney, Michael Moroni for a Hearing for a final award. The Second Injury Fund was represented at the Hearing by their attorney, Assistant Attorney General Crystal Williams. For purposes of judicial efficiency the Hearing included evidence for both Injury No. 09-108211 and Injury No. 10-020815. Separate awards are being issued for each case. At the time of the Hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with a statement of the findings of fact and rulings of law for Injury Number 10-020815, are set forth below as follows:

1. Employer was operating under and subject to the provisions of the Missouri Workers' Compensation Act, and its liability was fully insured by Hartford Insurance Company.
2. On March 16, 2010 the employee was an employee of SRG Global and was working under the Workers' Compensation Act.
3. On March 16, 2010 the employee sustained an accident arising out of and in the course of her employment.
4. The employer had notice of the employee's accident.
5. The employee's average weekly wage was 495.00, resulting in a compensation rate of 330.00 for temporary total disability benefits, permanent partial disability benefits, and permanent total disability benefits.
6. The employee's injury was medically causally related to the accident.
7. The employer-insurer paid $0.00 in temporary disability benefits.

1. Whether the employee's claim against the Second Injury Fund was filed within the time allowed by law.
2. Liability of the Second Injury Fund for permanent partial versus permanent total disability.
3. When the employee reached maximum medical improvement.

The following exhibits were offered and admitted into evidence:

1. Deposition and Exhibits of Dr. Raymond Cohen
2. Deposition and Exhibits of Susan Shea
3. Prior Stipulations
4. Medical Reports of Dr. Palen
5. Records Appleman Podiatry

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Employee: Janet K. Scott

6: Social Security Decision

7: Report Dr. Chabot

8: Records Gideon Medical Center

9: Records Twin Rivers Medical Center

10: Records Ferguson Medical Group (Foltz)

11: Records Dr. Protzel (foot)

12: Records Dr. Stahly (foot and MRI of low back)

13: Records ProRehab of Kennett (shoulder)

14: Records Dr. Morgan (thyroid)

15: Records Doctors Park surgery (foot/Protzel)

16: Records Steele Family Clinic (McPherson)

17: Records Dr. Wu Wen (thyroid)

18: Records Dr. Gary Schmidt (foot)

19: Records Dr. Landry (shoulder)

20: Records Tri-County Home Health Care

21: Records Dr. Emanuel (shoulder)

22: Pre-Hearing and Mediation Requests

23: Hearing Requests

The Second Injury Fund Exhibits:

A: Original Claim for Injury #09-108211

B: Amended Claim for Injury #09-108211

C: Original Claim for Injury #10-020815

D: Amended Claim for Injury #10-020815

E: Deposition of Janet Scott

Judicial notice was taken of the contents of the Division's file.

The parties filed proposed awards or briefs in this matter.

STATEMENT OF THE FINDINGS OF FACT AND RULINGS OF LAW:

STATEMENT OF THE FINDINGS OF FACT:

Background

The employee, Janet Scott (hereafter "Employee"), was 57 years old at the time of Hearing. She has an eleventh grade education. She has been married 39 years and has three adult daughters. Her work history includes work as a private duty CNA, a home health aid, and retail jobs such as Walmart, Fred's, and the Dollar Store. She owned a restaurant from 2001 to 2003 called Mama J's Pizzeria. She also operated a day care out of her home when her children

Employee: Janet K. Scott

Injury No. 10-020815

were young. Employee last worked at SRG Global as an assembler for approximately 25 years. Her job duties included machine operator, a packer, assembler and she worked as a "100 percenter" (required looking at a part and making sure it met standards).

Pre-existing Conditions

Low back

Employee injured her low back at work in 1992. Employee's understanding was that she was diagnosed with a back strain. She testified that she has worn back braces through the years. She testified that if she stands too long her back feels like it is breaking in two.

Neck/Head

In February of 2007 Employee fell on a concrete floor at work and injured her head, neck and tailbone. She was diagnosed with a contusion to the coccyx, cervical strain and headache. She received conservative treatment.

Bilateral feet

Employee treated with Dr. Foltz at Ferguson Medical Group on March 29 and April 12 of 2007 for plantar fasciitis of the left heel and a Morton's neuroma on her left foot. She was treated conservatively with pads for her feet and Power Step insoles.

On February 17, 2010 Employee was evaluated by Dr. Protzel for complaints of pain in both feet and ankles, right worse than the left. An x-ray of the left foot revealed a large inferior calcaneal exostosis of the plantar fascia consistent with heel spur syndrome. At her follow-up appointment on March 3, 2010 she was diagnosed with bilateral plantar fasciitis, metatarsalgia and neuromas of the intermetatarsal space and was prescribed Naprosyn.

Spider bite

Employee sustained a spider bite to her left breast in July of 2007. She developed a staph infection in the wound and had symptoms of fatigue, chest pain and shortness of breath. She testified that the staph infection caused damage to her heart and lungs.

Left shoulder

On approximately July 15, 2009 Employee was working in the molding department trimming, inspecting and packing parts on a conveyer belt. She went around the back side to pack parts and the concrete gave out on her causing her to slip down and hit her left side. Her left shoulder hurt. The injury was timely reported and an accident report was completed by her supervisor.

Employee went on her own to Dr. Landry who ordered an MRI that revealed a rotator cuff partial tear with impingement from an enlarged acromioclavicular joint. On February 8, 2011 Dr. Landry performed a left shoulder debridement of the rotator cuff and subacromial decompression. Subsequently, Employee developed adhesive capsulitis.

Employee was evaluated by Dr. Emanuel on August 18, 2011. Dr. Emanuel diagnosed Employee with left shoulder arthritis, subacromial bursitis, impingement syndrome and frozen

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Employee: Janet K. Scott

Injury No. 10-020815

shoulder. He opined that the injury of July 15, 2009 was the prevailing factor in causing the patient's shoulder complaints and he recommended further surgery. On May 4, 2012, Dr. Emanuel performed an arthroscopic limited debridement of the glenohumeral joint and posterior glenoid labrum, subacromial decompression and distal clavicle resection. Employee's post-operative diagnosis was subacromial bursitis with a spur, torn cartilaginous homologue of the AC joint and degenerative arthritic changes. Post-operatively, Employee underwent physical therapy. Dr. Emanuel released her at maximum medical improvement on September 10, 2012 with a full duty release.

Accident on March 16, 2010

On March 16, 2010 Employee sustained an injury to her left ankle while working as a "100 percenter." She was inspecting Toyota Tacoma grills and this required her to prepare and package parts on an elevated dunnage and when she stepped down off the dunnage she experienced excruciating pain and popping in her left ankle. She continued working, but her left ankle became swollen. She had an already scheduled an appointment with Dr. Protzel for complaints of pain in both her feet and ankles. Employee testified that the appointment was for a bone spur in the right foot. This is contradicted by the medical records that reflect she was diagnosed with a bone spur on the left foot on February 17, 2010. Employee told Dr. Protzel about her work injury of March 16, 2010 and she was diagnosed with an avulsion fracture of the distal tibia. He fitted her with a foot orthotic.

By May 5, 2010 the avulsion fracture had resolved. At that time, Dr. Protzel discussed proceeding with surgical treatment to address pre-existing neuromas in her intermetatarsal spaces. Employee subsequently underwent a decompression of the neuroma of the left second and third interspace on May 14, 2010 and a decompression of the neuroma of the right second and third interspace on June 11, 2010.

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