Steven Oakley v. Central Transport Incorporated

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 10-109148

Employee: Steven Scott Oakley

Employer: Central Transport Incorporated

Insurer: Cherokee Insurance

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 December 29, 2020. The award and decision of Administrative Law

Judge Maureen Byrne, issued December 29, 2020, 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 _2nd_ day of July 2021.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Robert W. Çörnejo, Chairman

Reid K. Forrester, Member

Shalonn K. Curls, Member

Attest:

Secretary

Employee: Steven Scott Oakley Injury No. 10-109148

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

Employer: Central Transport Incorporated

Additional Party: Second Injury Fund

Insurer: Cherokee Insurance

Appearances: Phillip Barkett, Jr. and Joseph P. Rice, III, attorneys for Employee. Christopher Patt, attorney for Employer-Insurer. Crystal Williams, attorney for Second Injury Fund.

Hearing Date: September 30, 2020 Checked by: $\mathrm{MB} / \mathrm{kg}$

1. Are any benefits awarded herein? Yes
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? November 17, 2010
5. State location where accident occurred or occupational disease contracted: Scott County, Missouri.
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
7. Did Employer receive proper notice? Yes
8. Did accident arise out of and in the course of employment? Yes
9. Was claim for compensation filed within time required by Law? Yes

Employee: Steven Oakley

Injury No. 10-109148

1. Was Employer insured by above Insurer? Yes

1. Describe what Claimant was doing and how accident occurred: Employee was on the loading dock when the door came off its track and fell on Employee knocking him into the back of a trailer.

1. Did accident or occupational disease cause death? No

1. Parts of body injured by accident: Thoracic spine, Low back, and head

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

1. Compensation paid to date for temporary total disability: 163,982.50

1. Value necessary medical aid paid to date by employer-insurer: 291,570.75

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

1. Employee's average weekly wages: 690.94

1. Weekly compensation rate: PPD: 418.58 & PTD: $460.63

1. Method wages computation: Agreement

1. Amount of compensation payable: See award

1. Second Injury Fund liability: Yes

1. 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 claimant shall be subject to a lien in the amount of 25% of all payments hereunder in favor of the following attorneys for necessary legal services rendered to the claimant: Phillip Barkett, Jr. (12.5%) and Joseph P. Rice, III (12.5%). Phil Dormeyer's claim for an attorney's lien is agreed to be $3,890.34. This amount is deducted out of the 25% attorney's lien.

On September 30, 2020, the employee, Steven Scott Oakley, appeared in person and with his attorneys, Phillip Barkett, Jr. and Joseph P. Rice, III, for a hearing for a final award. The employer-insurer was represented at the hearing by their attorney, Christopher Patt. The Second Injury Fund was represented at the hearing by the Assistant Attorney General, Crystal Williams. 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:

1. Covered Employer: Central Transport Inc. was operating under and subject to the provisions of the Missouri Workers' Compensation Act, and its liability was fully insured by Cherokee Insurance.
2. Covered Employee: On November 17, 2010, Steven Scott Oakley was an employee of Central Transport Incorporated and was working under the Workers' Compensation Act.
3. Accident; On November 17, 2010, the employee sustained an accident arising out of and in the course of his employment.
4. Notice: The employer had notice of the employee's accident.
5. Statute of Limitations: The employee's claim was filed within the time allowed by law.
6. Average weekly wage and rate: The employee's compensation rate for TTD and/or PTD is $\ 460.63. The compensation rate for PPD is $\ 418.58
7. Medical causation: The employee's injury was medically causally related to the accident on November 17, 2010, except the employer-insurer disputes medical causation of any injury to the lower back.
8. Medical aid furnished by the employer-insurer: The employer-insured paid the amount of $\ 291,570.75 in medical aid.
9. Temporary Disability paid by the employer-insurer: The employer-insurer paid $\ 163,982.50 representing 356 weeks for the time period of December 13, 2010 through September 19, 2017 for temporary disability benefits.
10. Unpaid mileage: The employer-insurer owes $\ 893.24 in unpaid mileage to the employee.
11. Attorney's lien: Phil Dormeyer's claim for an attorney's lien is agreed to be $\ 3,890.34.
12. Payment of the cost of treatment for the lower back by Employer-Insurer if the lower back is compensable: If the Division of Workers' Compensation finds the lower back claim to be compensable, then the employer-insurer is liable for the reasonable and necessary costs of treatment.

1. Date of Maximum Medical Improvement: What date did Employee reach maximum medical improvement?
2. Claim for future medical aid: Whether Employee is entitled to future medical care as related to the accident of November 17, 2010.

**Injury No. 10-109148**

1. Whether Employer-Insurer is entitled to a credit for an overpayment of TTD paid from the date of MMI to September 19, 2017.

1. Nature and Extent of Disability: Whether Employee is permanently totally disabled or permanently partially disabled and what is the nature and extent of that disability as it relates to the employer and the Second Injury Fund.

1. Medical causation of the Lumbar spine: Whether Employee's injury to his lumbar spine is medically causally related to the accident on November 17, 2010.

The following exhibits were offered and admitted into evidence:

1. Division of Workers Compensation Records
2. CMMP Surgical Center (prior surgery)
3. St. Mary's Health Center (prior)
4. Agreed Medical Records: Ferguson Medical Center - Dr. Jones & Dr. Bryant
5. Health Facilities Rehab
6. Agreed Medical Records: Midwest Neurosurgeons - Dr. Sonjay Fonn
7. Dr. Donald deGrange IME
8. Missouri Delta Medical Center
9. Agreed Medical Records: Advanced Pain Centers - Dr. Romero and Dr. Naushad
10. Agreed Medical Records: Regional Brain & Spine - Dr. Vaught, Dr. Reis and Dr. Guidos
11. Ferguson Medical Group - Dr. Heath
12. Cape Girardeau Metro Treatment Center
13. Dr. Joseph Yazdi IME

17A. Dr. Joseph Yazdi IME

17B. Letter to Dr. Yazdi from Phil Barkett

17C. Dr. Joseph Yazdi IME

17D. Letter to Dr. Yazdi from Phil Barkett

17E. Letter from Dr. Yazdi

17F. Deposition of Dr. Yazdi

1. Report of Susan Shea

18A. Deposition of Susan Shea

1. TTD Payments
2. Medical Payments
3. Patient Ledger - Midwest Neurosurgeons

A. Deposition Transcript of Dr. Michael Chabot with exhibits

B. Complete Medical Report of Dr. Milne including all records relied on.

C. Deposition Transcript of Benjamin Hughes with Exhibits

E. Report of Dr. Kaylea Boutwell of August 18, 2015

F. Medical and TTD Payments

**Injury No. 10-109148**

Administrative notice was taken of the contents of the Division of Workers’ Compensation’s file, in this case, for Employee.

On October 27, 2020, Employee’s attorney filed a motion to add a supplemental exhibit (Exhibit 7). The Second Injury Fund and Employer-Insurer did not have an objection to this motion. Employee’s Exhibit 7 was admitted into evidence.

#### Preliminary Information

The employee, Steven Scott Oakley, is 48 years of age, having been born on May 27, 1972. Employee went to high school at East Prairie, Missouri but left after the eleventh grade. He did not graduate. Employee went to work and lived with relatives as his mom passed away when he was young. Employee never had any vocational training or obtained his GED, although he has taken GED classes.

The first place Employee worked was for Ivy’s Drive-In located in East Prairie. He cooked and smoked the meats. He then went to work as a farm hand but could not recall where or when he worked.

Employee moved to Jefferson City, Missouri and started his own construction business with his partner, Joe Smith. They did carpentry work and remodel jobs. In 1995, Employee also went to work for the Department of Corrections as a Corrections Officer 1. He worked for the prison for about ten years. Employee would work until 3 p.m. at the prison and then would work his construction jobs in the evenings.

In 2005, Employee returned to the Southeast Missouri region. He went to work for Brenda K. Sands Company in Benton, Missouri, driving a truck. That company went out of business. Employee had various jobs after this, which mainly involved driving a truck. Employee worked for Edwards Transportation in East Prairie, Crop Production Services, and USF Holland. Employee also worked as a farm hand for Kevin Hughes during this time. Employee testified he had no problems doing the required labor for these jobs.

Employee went to work for Central Transport to obtain health benefits for his two children. Employee had to do dock work and freight work in loading the trucks, and he would also drive locally. The terminal was in Sikeston, Missouri.

When he was a child, he was diagnosed with ADHD. He took medication for a brief time but could not recall how long he took them. He has not taken medication for it as an adult. He described that it would affect him some in school in that he could get the answer but could not explain how he got it. Otherwise, he thought he was a good reader and a good writer and he learned ways to adapt.

In 2000, Employee injured his right shoulder while working at the Department of Corrections. A fight broke out and Employee was stabbed with a shank. Employee did file a workers' compensation claim. Employee treated with Dr. Timothy Galbraith. On June 29, 2000, Employee underwent a right shoulder arthroscopy. On January 18, 2001, Dr. Galbraith performed another arthroscopic procedure with decompression on the right shoulder.

After the surgeries, Employee went back to work in carpentry and did have to accommodate a little bit. He continued to have minor complaints, such as some stiffness and he could tell when it was going to rain. He was not as strong as he once was in that arm, but he learned how to use it.

Employee settled this claim for 23 % permanent partial disability with his Employer. After this injury, Employee did leave his job with t