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Richards v. Treasurer of the State of Missouri As Custodian of the Second Injury Fund11/29/2005
Opinion Vote: AFFIRMED.
Spinden, P.J., and Holliger, J., concur.
Opinion:
Bobby Richards ("Richards") appeals from a decision of the Labor and Industrial Relations Commission ("Commission") finding that the Treasurer of the State of Missouri, as Custodian of the Second Injury Fund ("Second Injury Fund"), is not liable for Richards' pre-existing carpal tunnel syndrome. Richards argues two points on appeal. In Point I, Richards argues that the Commission erred in denying Second Injury Fund liability, because Richards' prior injuries constituted a hindrance or obstacle to employment and reemployment. In Point II, Richards argues that the Commission erred in denying Second Injury Fund liability because the total disability from all of the injuries he sustained exceeded the mere sum of the individual disabilities. For the following reasons, we affirm the judgment of the Commission.
Background
In August 2001, Richards sustained a right shoulder injury while working at Sedalia Steel Company. Prior to the hearing, the parties stipulated that Richards sustained a 17.5% permanent partial disability of the right shoulder as a result of the August 2001 accident.
Richards testified at the Division of Workers' Compensation hearing about a previous injury that caused problems with his hands after he fell from a truck and landed on his hands while working in December 1998. After this injury, Richards said he experienced numbness and tingling in his hands. Richards also said that he had trouble sleeping and frequently dropped things. Richards sought treatment from Dr. Gunter on December 16, 1998, and January 13, 1999, for complaints of bilateral hand pain. The pain in Richards' right hand was worse than the pain in his left hand. During the first visit, Dr. Gunter gave Richards splints and prescribed Daypro (an anti-inflammatory drug). During the second visit, Dr. Gunter noted that Richards' condition improved with the use of splints, but symptoms continued without the splints. At the time of the second visit, Richards was scheduled to return in one month if symptoms persisted, but Richards never returned to Dr. Gunter.
Richards said the condition of his hands continued to worsen, but he did not seek any further medical treatment until after he hurt his shoulder in 2001. He eventually had surgery on his left hand in October 2003.
At the Division of Workers' Compensation hearing before an administrative law judge ("ALJ"), Richards introduced the deposition testimony of Dr. James Stuckmeyer, an orthopedic surgeon who said he examined Richards on January 14, 2003. Dr. Stuckmeyer made what he called "classic findings" of bilateral carpal tunnel syndrome and said Richards should be evaluated with electromyograms (EMGs). In Dr. Stuckmeyer's opinion, Richards suffered a twenty percent permanent partial disability in each wrist. Dr. Stuckmeyer also testified that Richards probably had a rotator cuff tear in his right shoulder that resulted in a twenty-five percent permanent partial disability and a five percent permanent partial disability of Richards' body due to pain in the thoracolumbar spine. Dr. Stuckmeyer further opined that as a result of the injuries to Richards' right shoulder, both wrists and back, Richards had a permanent partial disability of thirty-five percent of his body, including the permanent partial disability to his back. Dr. Stuckmeyer also testified on redirect examination that a ten percent augmentation factor should apply.
Richards claimed he was entitled to compensation from the Second Injury Fund because his pre-existing bilateral carpal tunnel condition combined with his subsequent shoulder i
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