James Copeland v. Gencom, Inc.

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 14-009289

**Employee:** James K. Copeland

**Employer:** Gencom, Inc.

**Insurer:** MO Employers Mutual Insurance Company

**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 2, 2021. The award and decision of Administrative Law Judge, Melodie A. Powell issued June 2, 2021, 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 27th day of December, 2021.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

DISSENTING OPINION FILED

Shalonn K. Curls, Member

Attest:

Secretary

Improve: James K. Copeland

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I have reviewed and considered all of the competent and substantial evidence on the whole record. Based on my review of the evidence as well as my consideration of the relevant provisions of the Missouri Worker's Compensation Law, I believe the decision of the administrative law judge should be modified.

I find persuasive the opinion of Dr. Stephen Schuman that the accident was the prevailing factor in causing employee's injuries of arterial thrombosis, subsequent ischemia, and subsequent right leg amputation and bowel resection due to the fact that employee, a large and heavy man, was suspended in the air by his seatbelt for several minutes and then fell against the other side of the cab.

According to Dr. Schuman, the pressure on employee due to the seatbelt caused internal damage or trauma to employee's abdomen. This abdominal trauma led to trauma-induced pancreatitis, explaining employee's high lipase level. However, the emergency room staff failed to notice such trauma while palpitating employee's abdomen. Had they performed a CT scan, the emergency room staff probably would have noticed the damage in employee's abdomen. Unchecked and untreated, the abdominal damage resulted in blood clots (specifically a traumatic thrombosis of the mesenteric artery) that led to ischemia and the resultant bowel resection.

Dr. Schuman also opined that employee suffered trauma from the accident to his right leg, either from being suspended by his seat belt or from falling to the passenger side of the truck. This right-leg trauma resulted in traumatic thrombosis of the right femoral artery, ischemia, and a leg amputation above the right knee. Dr. Schuman noted that employee was able to use his right leg for walking and driving immediately prior to his accident, but unable to walk after his accident.

I also find Dr. Schuman's opinion persuasive that the evidence does not support a conclusion that employee's injuries were the result of his diabetes or erroneously presumed ketoacidosis. Dr. Schuman explained that there was no fruitiness on employee's breath in the emergency room and no evidence of ketoacids in his blood or urine. Employee was alert and fully oriented, without evidence of any altered mental status in the emergency room. The record even notes that employee was able to perform computations and relate abstract thoughts.

I also take note of Dr. Schuman's observations that employee complained about belly and leg pain on the way to the emergency room. Although the emergency room staff did not find any issues with employee's abdomen and leg, the pain in both areas increased over the subsequent days. There is no evidence of belly or leg pain prior to the accident. Dr. Schuman also noted that employee did not suffer from lower extremity neuropathy due to his diabetes. I find persuasive that the accident was the prevailing factor in causing both the resulting medical condition and disability.

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Accordingly, employer should be liable for past medical expenses related to the bowel resection and leg amputation, temporary total disability benefits, future medical benefits, and permanent total disability benefits as employee cannot compete in the open labor market. Because the Commission majority has decided otherwise, I respectfully dissent.

Shalonn K. Curls, Member

3315 WEST TRUMAN BLVD, P.O. BOX 58 JEFFERSON CITY, MO 65102 PHONE: (573) 526-8983

JUNE 02, 2021

Scan Copy


Injury No : 14-009289

Injury Date : 02-15-2014

Insurance No. : 20140001277

\# Denotes that the Division sent a copy of the Award by electronic mail to the email address that the party provided. The Certificate of Service for this document is maintained in the Division's records.

Enclosed is a copy of the Award on Hearing made in the above case.

Under the provisions of the Missouri Workers' Compensation Law, an Application for Review of the decision of the Administrative Law Judge may be made to the Missouri Labor and Industrial Relations Commission within twenty (20) days of the above date. If you wish to request a review by the Commission, application may be made by completing an Application for Review Form (MOIC-2567). The Application for Review should be sent directly to the Commission at the following address:

Labor and Industrial Relations Commission

PO Box 599

Jefferson City, MO 65102-0599

If an Application for Review (MOIC-2567) is not postmarked or received within twenty (20) days of the above date, the enclosed award becomes final and no appeal may be made to the Commission or to the courts.

Please reference the above Injury Number in any correspondence with the Division or Commission.

DIVISION OF WORKERS' COMPENSATION

Please visit our website at www.labor.mo.gov/DWC

MISSOURI

DEPARTMENT OF LABOR

& INDUSTRIAL RELATIONS

Missouri Division of Workers' Compensation is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.

Employee: James K. Copeland

Dependents: N/A

Employer: Gencom, Inc.

Additional Party: N/A

Insurer: Missouri Employers Mutual Ins. Co.

Hearing Date: February 23, 2021

Injury No. 14 - 009289

Before the

**DIVISION OF WORKERS' COMPENSATION**

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Referred by: MAP/sb

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: February 15, 2014

1. State location where accident occurred or occupational disease was contracted: Newton County, Arkansas

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 occurred or occupational disease contracted: Employee was in a motor vehicle accident

1. Did accident or occupational disease cause death? N/A Date of death?

1. Part(s) of body allegedly injured by accident or occupational disease: Pelvis/sacrum and right lower extremity with sequelae to internal organs

1. Nature and Extent of any permanent disability: 2 ½ % BAW referable to the sacrum

1. Compensation paid to date for temporary disability: $0.00

1. Value necessary medical aid paid to date by employer/insurer? $0.00

WC-32-R1 (6-81)

Page 1

Said payments to begin as outlined herein and 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 attorney for necessary legal services rendered to the employee: Clare Behrle

Employee: James K. Copeland

Injury No: 14-009289

Dependents: N/A

Employer: Gencom, Inc.

Additional Party: N/A

Insurer: Missouri Employers Mutual Ins. Co.

Checked by: MAP/sb

On February 23, 2021, a final award hearing was conducted in this matter in Columbia, Missouri. Employee, James K. Copeland, appeared personally and by counsel, Clare Behrle. Employer/Insurer appeared through counsel, Eric T. Lanham. The parties were afforded an opportunity to submit proposed awards, resulting in the record being completed and submitted on March 23, 2021.

The parties stipulated as follows:

1. That on or about February 15, 2014, Gencom, Inc., was an employer operating under and subject to the Missouri Workers' Compensation Law, and during this time was fully insured by Missouri Employers Mutual Insurance Company.
2. That on or about February 15, 2014, James K. Copeland was an employee of the employer and was working under and subject to the Missouri Workers' Compensation Law.
3. That venue is proper in Boone County, Columbia, Missouri.
4. That Employee notified Employer of the alleged accident and injury as required by $\S 287.420$, RSMo.
5. That the Claim for Compensation was filed within the time prescribed by $\S 287.430$, RSMo.
6. That Employee's average weekly wage at the time of the alleged accident was $\ 536.53, resulting in a compensation rate of $\ 357.68 for temporary total, permanent partial, and permanent total disability.
7. That Employer/Insurer have paid no medical expenses.
8. That Employer/Insurer have paid no temporary total disability benefits.
9. That the attorney's fee being sought is 25 % of any benefits ordered to be paid.

1. Whether Employee sustained an accident arising out of and in the course of his employment.
2. Whether the accident was th