Elizabeth Steel v. Research Medical Center

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 14-101897

Employee: Elizabeth A. Steele

Employer: Research Medical Center

Insurer: Ace America 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 September 28, 2021. The award and decision of Chief Administrative

Law Judge, Mark S. Siedlik issued September 28, 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 ______ 17th ______ day of August 2022.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Rodney J. Campbell, Chairman

Shalonn K. Curls, Member

NOT SITTING

Kathryn Swan, Member

Attest:

*Karla S. Hogg*

Secretary

**Injury No: 14-101897**

**FINAL AWARD**

**FINDINGS OF FACT AND RULINGS OF LAW**

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: October 19, 2014
5. State location where accident occurred or occupational disease was contracted: Kansas City, Jackson 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 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? Yes
10. Was employer insured by above insurer? Yes
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee sustained injuries as a critical care unit nurse when an agitated patient slammed his leg down on her head, neck, and shoulders while she was assisting in administering an IV to the patient.
12. Did accident or occupational disease cause death? No Date of death? N/A

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Elizabeth A. Steele

Injury No: 14-101897

1. Part(s) of body injured by accident or occupational disease: Neck, head, both shoulders, upper back, and development of depression, anxiety, and somatic symptom dysfunction from the chronic pain and effects of the physical injuries.

1. Nature and extent of any permanent disability: Permanent and total disability.

1. Compensation paid to date for temporary disability: -0-

1. Value necessary medical aid paid to date by employer/insurer? $101,844.19

1. Value necessary medical aid not furnished by employer/insurer? None

1. Employee's average weekly wages: 1,266.93

1. Weekly compensation rate: 844.62 for temporary total disability and $451.02 for permanent partial disability.

1. Method wages computation: By agreement of the parties.

COMPENSATION PAYABLE

1. Amount of compensation payable: Permanent total disability benefits beginning January 13, 2016 of $844.62 per week and said weekly benefits continuing for the lifetime of Employee pursuant to Section 287.200.1.

1. Second Injury Fund liability: None

1. Future requirements awarded: Ongoing PTD payments and Employer is directed to authorize and furnish additional medical treatment to cure and relieve Employee from the effects of her October 19, 2014 injuries in accordance with Section 287.140 RSMo said treatment to include pain management and psychiatric/mental health care.

Said payments to begin immediately and to be payable and 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 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to Employee: Frederick W. Bryant.

2 | P a g e

**Injury No: 14-101897**

**FINDINGS OF FACT AND RULINGS OF LAW**

On June 8, 2021, the Employee, Employer, and Second Injury Fund appeared for final hearing. The Division had jurisdiction to hear this case pursuant to Mo. Revised Statutes Section 287.110. The Employee, Elizabeth A. Steele appeared in person and with counsel, Frederick W. Bryant. The Employer/Insurer, Research Medical Center and Ace American Insurance Co. appeared through their counsel, Christopher M. Ray and John R. Fox. The Second Injury Fund appeared through Assistant Attorney General Maureen T. Shine.

**STIPULATIONS**

The parties stipulated to the following:

1. That on or about October 19, 2014, Research Medical Center was an employer operating under and subject to the provisions of the Missouri Workers' Compensation law;
2. That on or about October 19, 2014, Elizabeth A. Steele was their employee working subject to the law in Missouri;
3. That Elizabeth A. Steele notified her employer of her injury and filed her claim in the time allowed by law;
4. That Elizabeth A. Steele's weekly compensation rate at time of her injury was $844.62/$451.02;
5. That on or about October 19, 2014, Elizabeth A. Steele sustained an accident arising out of the course of her employment.

**ISSUES**

The issues to be determined at this hearing are:

1. Nature and extent of Employee's permanent disability and whether Employee is permanently and totally disabled;

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Elizabeth A. Steele

Injury No: 14-101897

2) Whether the incident of October 19, 2014 caused the disability claimed;

3) Liability for past medical expenses;

4) Whether the Employer must provide the Employee with additional medical care in the future; and

5) Whether the Second Injury Fund is liable to the Employee.

The Claimant, Ms. Steele, testified as well as presented Exhibits 1 - 27. Exhibits 1 - 26 were admitted into evidence without objection; Claimant and Second Injury Fund Joint Exhibit 27 was admitted over the objection of counsel for the Employer/Insurer:

1. US Healthworks
2. ARC
3. Centerpoint Medical Center
4. Dr. James Zarr
5. Menorah Medical Center
6. Meritas Health
7. PainCARE
8. Premier Anesthesia
9. Premier Spine Care
10. Research Medical Center
11. Research Neurological Associates
12. Signature Psychiatric Hospital
13. Lilac Center
14. Timberline Knolls
15. Town Plaza Family Practice
16. Tri-County Mental Health
17. Brookside Counseling
18. Dr. Brent Koprivica report dated January 31, 2017
19. Dr. Brent Koprivica deposition taken February 14, 2020, with Deposition Exhibits 1-2
20. Allan Schmidt, PhD report of October 24, 2016
21. Allan Schmidt, PhD deposition taken June 25, 2020, with Deposition Exhibits 1-3
22. Terry Cordray report of March 5, 2018
23. Terry Cordray deposition taken March 3, 2020, with Deposition Exhibits 1-2
24. Dr. Todd Hill report of October 19, 2020
25. Dr. Todd Hill deposition taken January19, 2021 with Deposition Exhibits 1-2
26. Employee's current medication list
27. Elizabeth Steele deposition taken June 11, 2019

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Elizabeth A. Steele

Injury No: 14-101897

The Employer/Insurer presented no witnesses at the hearing, but presented the following exhibits which were admitted without objection:

A. Deposition of Dr. David Clymer, including his CV, report and engagement letter

B. Deposition of Dr. Guillermo Ibarra, including his CV and report

C. Deposition of Michelle Sprecker, including her CV and report

The Second Injury Fund presented no witnesses at the hearing, but offered jointly with Claimant Exhibit 27, Elizabeth Steele deposition taken June 11, 2019, which was admitted over the objection of counsel for the Employer/Insurer.

Ms. Steele (hereinafter referred to as Claimant) testified live at the hearing. Claimant is 47 years old. She graduated from high school in 1992. She has worked continuously in the labor market upon graduation from high school employed in various positions to include waitress, gift wrapping and retail sales associate. In 1997 she attended Johnson County Community College and received her certificate in massage therapy. She became a licensed massage therapist in both Kansas and Missouri and from 2002 to 2011 operated her own business as a massage therapist from her home. She decided to become a nurse and attended the Rockhurst University-Research College of Nursing program. She successfully completed her courses and obtained her degree, becoming an R.N. in May 2011.

Claimant was hired upon graduation by Research and was assigned to the hospital's Critical Care Unit (CCU) where she worked until she was injured on the job on October 19, 2014. The CCU is a step below the intensive care unit (ICU), dealing with total care patients that are otherwise unable to care for themselves such as those on ventilators or feeding tubes. Claimant worked 12 hour shifts on the CCU unit with a minimum of 3 shifts per week. She worked the night shift from 6:30 in the evening until 7 am the next morning. She estimated 90% of her 12 hour shift involved standing and walking. There was very little sitting. Her job of a CCU nurse was physical in nature, requiring, in addition to the constant standing and walking, lifting, bending, stooping, twisting, and reaching overhead. Research required its nurses be able to lift up to fifty pounds and the amount of weight actually lifted, pushed or pulled would vary based on a patient's condition and needs as the CCU nurse was expected to bathe, change, re-position and lift patients as needed. Nurses were also expected to monitor their patients and chart patient progress which was usually done at the end of shift. The job also involved mental acuity, requiring the ability to analyze and interpret the conditions of those critically ill patients under her care, and to think, react quickly, and readily adapt to any changes.

When Claimant began working for Research in 2011 and up to the time of her injury at work on October 19, 2014, she was in good health, both physically and mentally. She had no physical conditions that restricted or limited her ability to work full time and fulfill all of her duties as a CCU nurse for Research. She was not under any restrictions or limitations due to any physical issues or conditions. She had no physical problems to her neck, head, shoulders, or upper or lower back that required limitations, light duty or other accommodations, extended time off or FMLA. She had no physical conditions requiring pain medication, physical therapy, epidural injections, nerve ablations, or