02-12879-H-5495. Burch vs. Amtec Construction Services, Inc.

• Case Date: June 15, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 02-12879-H-5495. Burch vs. Amtec Construction Services, Inc CHRISTOPHER BURCH CLAIMANT VS AMTEC CONSTRUCTION SERVICES, INC. EMPLOYER EUCLID ADMIX, LLC AND CONTINENTAL CASUALTY COMPANY CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 02 12879-H-5495 MWCC NO. 0012960-H-5512REPRESENTING CLAIMANT: Honorable Ottis B. Crocker, Attorney-at-Law, Gulfport, Mississippi REPRESENTING EMPLOYER AND CARRIER: Honorable Tom Webb, Attorney-at-Law, Jackson, Mississippi 'Honorable William D. Blakeslee, Attorney-at-Law, Gulfport, Mississippi ORDER OF THE ADMINISTRATIVE JUDGE The Claimant filed a Petition to Controvert on November 1, 2002, alleging that he suffered a work related injury to his right wrist, neck and back on August 17, 2000 while employed with Euclid Admixture, LLC. Euclid Admixture admitted compensability and paid disability benefits and medical expenses until the Claimant returned to work in or about October, 2000. The Claimant filed a second Petition to Controvert on November 1, 2002, alleging an aggravation of injury to his neck and lower back on or about September 1, 2001 while employed with Amtec Construction Services, Inc. Amtec Construction Services denied compensability of the claim. The cases were consolidated for hearing and discovery purposes. A hearing ws held in this matter on October 8, 2004 at the Mississippi Workers' Compensation Commission in Jackson, Mississippi. The second day of the hearing was held on April 8, 2005 at the Mississippi Workers' Compensation Commission in Jackson, Mississippi. STIPULATION There is no dispute regarding the occurrence of the Claimant's accident on or about August 17, 2000, the period of temporary total disability after the accident, or the period of medical treatment provided by Euclid Admixture/Continental Casualty until the Claimant was released in November of 2000. ISSUES 1. Whether the Mississippi Workers' Compensation Commission has jurisdiction in this matter as it relates to Amtec Construction Services Inc.; 2. The existence and extent of permanent disability, if any, attributable to the injury; 3. The Claimant's date of maximum medical recovery; 4. Whether penalties and interest are applicable; 5. Whether any disability or loss of wage earning capacity after 2000 is related to the accident sustained by the Claimant in August of 2000;(fn3) 6. Whether any medical treatment of the Claimant after November 2000 is related to the accident sustained by the Claimant in August 2000;(fn4) 7. Whether Claimant's back condition pre-existed his alleged date of injury;(fn5) 8. Whether Claimant's pre-existing back condition is the sole reason Claimant ceased his employment for Amtec Construction Services Inc;(fn6) 9. Whether Claimant's present physical condition and disability, if any, is attributable solely to his work related injury that occurred during his employment for Euclid Admixture, and whether Claimant's injuries from said incident continued to be chronic and symptomatic prior to and at the time when he became employed by Amtec Construction Services, Inc.;(fn7) 10. Whether the results from Claimant's injury while working for Euclid Admixture have continued in nature from the date of the injury;(fn8) 11. Whether all of the medical treatment which Claimant has received since his initial work related injury while working for Euclid Admixture has been necessitated by said injuries;(fn9) 12. Whether the Claimant's inability to work for the Employer herein, if such exists, was wholly caused by the continuing adverse physical problems resulting from his work related injury for Euclid Admixture;(fn10) 13. Whether after Claimant voluntarily terminated his employment with Amtec Construction Services, he suffered a subsequent post employment injury to his back that constitutes a non-work related condition for which neither employer is responsible;" and 14. Whether Amtec Construction Services is responsible for any unauthorized medical treatment obtained by the Claimant."(fn12) SUMMARY AND EVALUATION OF EVIDENCE The hearing was held in this matter at the Mississippi Workers' Compensation Commission in Jackson, Mississippi. The Claimant testified in his own behalf and called his wife as a witness. Additionally, he offered into evidence lien information from the Department of Veteran Affairs. Amtec Construction Services called Terry Farmer, Steven Denny and Kevin Alden as witnesses. Euclid Admixture called no witnesses at the hearing. The following exhibits were offered into evidence by the parties: General Exhibit 1: Stipulation regarding Separation of Release Agreemen t and attached Agreement; General Exhibit 2: Euclid Admixture Wage Statement; General Exhibit 3: Deposition of Christopher Burch dated 9/ I 1 /02; General Exhibit 4: Deposition of Christopher Burch dated 2/14/03; Claimant's Exhibit 5: Deposition of Dr. Michael Lowry dated I O/I O/03; Claimant's Exhibit 6: Deposition of Dr. Michael Lowry dated 9/30/02; Claimant's Exhibit 7: Deposition of Dr. Thomas Windham dated 2/19103; Claimant's Exhibit 8: Deposition of Dr. Lee Linder; Claimant's Exhibit 9: Lien information from Dept. Of Veterans Affairs; General Exhibit 10: Amtec Perdiem Report; Claimant's Exhibit 11: Medical Records/Dr. Michael Lowry; Claimant's Exhibit 12: Medical Records/Cornerstone Rehabilitation; Claimant's Exhibit 13: Medical Records/Batesville Clinic; Employer/Carrier's Exhibit 14: Letter from Kevin Alden, President of Amtec Construction Services; Employer/Carrier's Exhibit 15: Copies of Checks paid to Claimant by Amtec Construction Services; Employer/Carrier's Exhibit 16: Contingent Fee Contract; Employer/Carrier's Exhibit 17: Petition to Controvert with alleged injury d ate of 9/1/01/; Employer/Carrier's Exhibit 18: Petition to Controvert with alleged injury d ate of 8/17/00. Claimant's Exhibit 19: Medical Records/Department of Veterans Affairs; and Employer/Carrier's Exhibit 20: Mississippi Employment Security Commission r ecords. Claimant is a resident of Saucier, Mississippi. Claimant testified that he worked for Euclid Admixture from March of 1999 until July 21, 2001. Claimant said he sustained a work-related injury while working fox Euclid Admixture on a job in Greenville, Mississippi, when a 1500 gallon. chemical tank knocked him against the "batch house." Claimant said he and his supervisor proceeded to install the tank. However, on his way back home to Batesville, his back began to hurt. The pain was so severe that he had to stop in Marks to get some "BC powder" for relief. Claimant testified that he later saw a doctor for the his lower back and right leg pain. Subsequently, he began to have "real bad severe headaches," and numbness in his arm. Claimant testified that he first saw Dr. Linder, his family doctor. Dr. Linder ordered various tests, prescribed Darvocet and referred him to Dr. Windham. Claimant said Dr. Windham diagnosed him with a bulging, disc, and prescribed physical therapy and epidural injections. Claimant testified that after a course of treatment, he returned to work with Euclid Admixture around November of 2000. However, he was still experiencing severe headaches, numbness in his right arm/hand, and back pain. Claimant went onto state that after the third epidural injection he was "not hurting at all." After advising Dr. Windham that he was no longer hurting, he was released to light duty work. Claimant said he took it easy for a while, because other employees helped him with his work. Claimant testified that sometime between November of 2000 and July 21, 2001, he had to call Dr. Linder after over exerting himself on a project at Fortification Street in Jackson, Mississippi. Dr. Linder prescribed some pain medication. Claimant said he last worked for Euclid Admixture on July 21, 2001, when the company was dissolved. He entered into a severance agreement with the company that included a non-compete clause and six months salary. Thus, he was not allowed to work for an Euclid Admixture competitor in Mississippi. Claimant specifically stated "we couldn't work . . . for any admixture company that competed against Euclid Chemical Company in the State of Mississippi." There were also other companies listed as an addendum to the agreement. said "Master Builders had bought Euclid out." Claimant testified that shortly thereafter he had an occasion to talk with someone from Master Builders when Danny Rogers, the president, called him and his...