Randy Lawrence v. Noranda Aluminum Inc.

Decision date: May 20, 2020Injury #14-02685218 pages

Summary

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Randy Lawrence for a right shoulder injury sustained on April 18, 2014, while picking up a thirty-pound clamp at Noranda Aluminum Inc. The injury was found to be compensable under Missouri workers' compensation law, arising out of and in the course of employment.

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Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 14-026852

**Employee:** Randy Lawrence

**Employer:** Noranda Aluminum Inc.

**Insurer:** New Hampshire Insurance Co.

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 September 11, 2019. The award and decision of Administrative Law Judge Amy L. Young, issued September 11, 2019, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this **20th** day of May 2020.

---

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

**Robert W. Cornejo, Chairman**

**DISSENTING OPINION FILED**

**Reid K. Forrester, Member**

**Shalonn K. Curls, Member**

**Attest:**

**Secretary**

Improved

Improvee: Randy Lawrence

- 2 -

I would reverse the administrative law judge's award allowing benefits. Because the majority has determined otherwise, I respectfully dissent.

Reid K. Forrester, Member

FINAL AWARD

Employee:	Randy Lawrence
Dependents:	N/A
Employer:	Noranda Aluminum Inc.
Additional Party:	N/A
Insurer:	New Hampshire Insurance Co. c/o Sedgwick Claims Management Services
Appearances:	David G. Plufka, attorney for the employee.

David M. Remley, attorney for the employer-insurer.

Jason G. Crowell, attorney for the employer-insurer. |

Hearing Date:

July 10, 2019

SUMMARY OF FINDINGS

Are any benefits awarded herein? Yes.
Was the injury or occupational disease compensable under Chapter 287? Yes.
Was there an accident or incident of occupational disease under the Law? Yes.
Date of accident or onset of occupational disease? April 18, 2014.
State location where accident occurred or occupational disease contracted: New Madrid County.
Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
Did the employer receive proper notice? Yes.
Did accident or occupational disease arise out of and in the course of the employment? Yes.
Was claim for compensation filed within time required by law? Yes.

Employee: Randy Lawrence

Injury No. 14-026852

Was the employer insured by above insurer? Yes.

Describe work the employee was doing and how accident happened or occupational disease contracted: Employee injured his right shoulder while picking up a thirty pound clamp with his right arm extended in front of him.

Did accident or occupational disease cause death? No.

Parts of body injured by accident or occupational disease: Right shoulder/arm and body as a whole.

Nature and extent of any permanent disability: Employee is permanently and totally disabled.

Compensation paid to date for temporary total disability: $38,563.63 representing 57 1/7 weeks.

Value necessary medical aid paid to date by the employer-insurer: $49,288.35.

Value necessary medical aid not furnished by the employer-insurer: None.

Employee's average weekly wage: 1090.62.

Weekly compensation rate: 727.12 for temporary total and permanent total disability and $446.85 for permanent partial disability.

Method wages computation: By stipulation.

Amount of compensation payable: See Award.

Second Injury Fund liability: N/A

Future requirements awarded: See Award.

Said payments shall be payable as provided in the findings of fact and rulings of law, and shall be subject to modification and review as provided by law.

The Compensation awarded to the employee 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 employee: David G. Plufka.

The compensation awarded to the employee is also subject to a child support lien filed by the Missouri Division of Child Support Enforcement, Department of Social Services.

Page 2

Employee: Randy Lawrence

Injury No. 14-026852

STATEMENT OF THE FINDINGS OF FACT AND RULINGS OF LAW

On July 10, 2019, the employee, Randy Lawrence, appeared in person and with his attorney, David G. Plufka for a Hearing for a Final Award. The Employer-Insurer was represented at the Hearing by their attorneys, David M. Remley and Jason G. Crowell. The Court took judicial notice of all the records contained in the files of the Division of Workers' Compensation. Within the file was a duly registered lien for delinquent child support in the amount of $300.00. 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, are set forth below as follows:

UNDISPUTED FACTS:

Noranda Aluminum Inc. was operating under and subject to the provisions of the Missouri Workers' Compensation Act, and its liability was fully insured by New Hampshire Insurance Co. c/o Sedgwick Claims Management Services.
On April 18, 2014, Employee was an employee of Noranda Aluminum Inc. and was working under the Workers' Compensation Act.
On April 18, 2014, Employee sustained an accident arising out of and in the course of his employment.
Employer had notice of Employee's accident.
Employee's claim was filed within the time allowed by law.
Employee's average weekly wage was 1090.62, resulting in a compensation rate of 727.12 for temporary total and permanent total disability benefits and $446.85 for permanent partial disability benefits.
Employee's injury was medically causally related to the occupational disease.
Employer-Insurer paid 49,288.35 in medical aid.
Employer-Insurer paid 38,563.63 paid in temporary disability benefits representing 57 1/7 weeks.
Employee had no claim for previously incurred medical bills, temporary total disability benefits, mileage, or future medical care.
Employee reached maximum medical improvement on April 5, 2016.

ISSUES:

Nature and extent of disability-Employer-Insurer's liability for permanent partial versus permanent total disability benefits.

Page 3

Employee: Randy Lawrence

Injury No. 14-026852

EXHIBITS:

The following exhibits were offered and admitted into evidence:

Employee Exhibits:

Medical records of Dr. Patrick Knight
Medical records of Dr. Michael Milne
Medical records of Twin Rivers Regional Medical Center
Medical records of Dr. Rudy Rodriguez¹
Medical records of Dr. Robert Hagan
Medical report of Mr. James England
Deposition of Dr. David Volarich taken on November 30, 2017
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Employer-Insurer Exhibits:

A. Medical records of Dr. Michael Milne

B. Rating report of Dr. Michael Milne

C. Medical records of Dr. Robert Hagan

D. Rating report of Dr. Robert Hagan

E. Functional Capacity Evaluation from Athletica done May 2, 2016.

F. Curriculum vitae of Mr. Gary Weimholt

G. Vocational evaluation report of Mr. Gary Weimholt

STATEMENT OF THE FINDINGS OF FACT:

Based on a comprehensive review of the evidence, including testimony, expert medical opinions, the medical records, other documentary evidence, and my personal observations at Hearing, I find:

Background

Randy Lawrence (hereafter "Employee") lives in Gideon, Missouri. He was born on September 16, 1981. Employee began working for Noranda Aluminum (hereafter "Employer"), an aluminum manufacturer, in 2012 as a Unit Operator. His job duties included assembling "frames" to be used as part of the aluminum production process.

¹ The cover sheet for Employee Exhibit 4 identifies the exhibit as "Records of Dr. Rodney Rodriguez", however, the records contained within the exhibit reflect the doctor's name is Dr. Rudy Rodriguez.

Page 4

Employee: Randy Lawrence

**Injury No. 14-026852**

Description of Accident and Summary of Medical Treatment

On April 18, 2014, Employee injured his right shoulder at work. He had reached down to grab a clamp that had fallen off a frame and in the process he picked up the thirty pound piece with his right arm extended in front of him and dislocated his right shoulder. He immediately felt pain in the front of his right shoulder and he felt sick.

Employee was taken to the emergency room at Missouri Delta Medical Center. An x-ray was taken and he was given a shot of pain medicine. His right arm was put in a sling. On April 23, 2014, he underwent an MRI without contrast that showed mild right supraspinatus and infraspinatus tendinopathy without a discrete tear and minimal right acromioclavicular osteoarthritis with mild subacromial-subdeltoid bursitis. Employee underwent an MRI with contrast on May 6, 2014 that showed no full-thickness rotator cuff tear, no conclusive internal derangement, mild supraspinatus and infraspinatus tendinosis and no definite degenerative change. An arthrogram performed the same day was reported as normal. Employer sent him to Dr. Patrick Knight on May 7, 2014. According to Dr. Knight's records, Employee complained he felt like his shoulder came out of socket when outside of his sling. Dr. Knight diagnosed Employee with a right shoulder dislocation and possible nerve injury. Dr. Knight ordered an EMG/NCV study and instructed Employee to wear a sling at all times. An EMG/NCV of the right upper extremity was performed by Dr. Bernard Burns on May 28, 2014 and confirmed Employee sustained a nerve dysfunction around his axillary nerve. On physical exam, Dr. Burns noted atrophy and diminished sensation of the right deltoid. Dr. Burns's notes reflect that Employee had a clinically unstable shoulder and that Employee reported problems with subluxation of the shoulder since the accident.

On June 4, 2014, Dr. Knight put Employee in a shoulder brace for stabilization and recommended no use of his arm at work. Dr. Knight opined at some point he may require surgical intervention to stabilize his shoulder, but not until his nerve function recovered. When Employee followed up with Dr. Knight on July 9, 2014, Dr. Knight noted Employee was continuing to have subluxation issues and referred him to Dr. Edwards for evaluation for possible shoulder stabilization surgery.

Employer sent Employee to Dr. Rudy Rodriguez for evaluation on August 1, 2014. Employee reported symptoms of pain aggravated by lifting, movement and pushing as well as joint instability, joint tenderness, and numbness and tingling in his arm. Dr. Rodriguez ordered a CT of the right shoulder. According to Dr. Rodriguez's office note of August 13, 2014, the CT scan showed "evidence of missing bone to the socket" and "evidence of Hill Sachs lesion on the humerus head." Dr. Rodriguez performed a right shoulder manipulation and Bankart repair on August 21, 2014. His post-operative diagnoses were right shoulder dislocation and Bankart lesion.

Following surgery, Employee had increased pain. Dr. Rodriguez performed an injection on September 10, 2014 and ordered physical therapy. On November 5, 2014, Employee complained to Dr. Rodriguez of a stabbing pain under his right shoulder. He also complained of a "change of sensation in the right upper extremity." Dr. Rodriguez indicated E

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

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