Lingerfelt v. Elite Logistics, Inc.

255 S.W.3d 1, 2008 Mo. App. LEXIS 535, 2008 WL 1733721
CourtMissouri Court of Appeals
DecidedApril 16, 2008
Docket28506
StatusPublished
Cited by3 cases

This text of 255 S.W.3d 1 (Lingerfelt v. Elite Logistics, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lingerfelt v. Elite Logistics, Inc., 255 S.W.3d 1, 2008 Mo. App. LEXIS 535, 2008 WL 1733721 (Mo. Ct. App. 2008).

Opinion

JOHN E. PARRISH, Presiding Judge.

Jackie Lingerfelt (claimant) appeals a workers’ compensation ■ award by the Labor and Industrial Relations Commission (the commission). He contends the commission erred in denying his request for permanent total disability benefits and his claim against the second injury fund. This court affirms.

Claimant was employed by Elite Logistics, Inc., (employer) as a truck driver. On May 19, 2001, claimant was operating a “hostler buggy,” a one-person vehicle used to move trailers around employer’s warehouse facility. Claimant was taking trailers from a loading dock to a back lot. He did not see a hole in the pavement that had filled with water from rains that had *3 occurred earlier that day. Claimant’s vehicle hit the hole that he estimated was two or three feet in diameter and 15 inches deep. Claimant bounced out of his seat in the vehicle, came back down, “went down a ways with th[e] air seat,” then “shot right back up” hitting his head. Claimant said he hit his head, jammed his neck “and everything down [his] back.” He was dazed and stopped work for ten or fifteen minutes. Claimant explained, “I sat there and finally got things together, and I finished putting the trailers in the dock. Then I went up and told my supervisor, the people up at the office, that I had had an accident. And they gave me a report to fíü out.”

Claimant finished his shift the day of the accident. He continued his regular work duties until June 9, 2001, when he informed the company dispatcher that he was hurting too bad to continue working.

Claimant had been examined by employer’s company doctor, Dr. Jeffrey Woodward, the week after his accident. At the time of the appointment, claimant had been experiencing pain in his neck, between his shoulder blades, and in his shoulders. He said his fingers would tingle; that his arm hint a little bit and his left leg was starting to hurt. Ninety-nine percent of his pain was on his left side.

After an MRI claimant was referred to a neurosurgeon, Dr. Wade Ceola, who evaluated claimant and recommended surgery due to a “severe canal compromise” in the cervical spine and increased risk for spinal cord damage. Dr. Ceola performed surgery on claimant November 9, 2001. He performed a cervical discectomy and ar-throdesis at C5-6 and C6-7 and bone grafting and plating from C5 to C7.

After the surgery claimant experienced “almost 100%” improvement in the pain in his neck. However, after the surgery, but before his release from the hospital, claimant experienced “a fair amount of muscle spasm” in his neck. He was administered IV medication for the spasm. He experienced clumsiness and imbalance, which is consistent with side effects of IV medication for muscle spasms. His hospital stay was extended for two days due to the spasms. Claimant was discharged from the hospital November 12, 2001. At the time of his discharge claimant was ambulatory, was tolerating a regular diet, and his pain was being controlled with oral medication.

Two days following his discharge, claimant was taken to an emergency room with symptoms of fever and hallucinations. His wife reported that claimant had experienced multiple falls since his release from the hospital. A CT scan of defendant’s head revealed no abnormality. Emergency room records indicate that claimant acted appropriately. The attending physician did not witness any incident of confusion by claimant. A lumbar puncture was suggested in order to rule out meningitis; however, claimant left the hospital against medical advice before the procedure was complete.

Dr. Ceola saw claimant December 11, 2001, for a routine follow-up. Claimant and his wife reported that claimant progressed well the two weeks immediately following surgery, but then developed stroke-like symptoms. Dr. Ceola noted that claimant exhibited slurred speech; that he had difficulty with tongue function and slight facial asymmetry. Claimant reported numbness in his lower extremities, “left more so than right.” However, claimant was not experiencing pain or other problems with his neck.

An MRI of claimant’s neck showed no evidence of a stroke. Because claimant exhibited symptoms compatible with a stroke, Dr. Ceola ordered a repeat MRI *4 examination of the brain and an MRA examination of the vessels to ensure there had not been a stroke or that there was no small vessel disease.

Dr. Ceola saw claimant for a second follow-up examination January 17, 2002. The MRI that had been performed did not disclose the cause of claimant’s stroke-like symptoms. Claimant was referred to Dr. G.F. Wong, a neurologist, due to claimant’s continued symptoms.

Dr. Wong examined claimant January 18, 2002. Dr. Wong concluded that claimant’s symptoms were the result of small vessel strokes related to claimant’s preexisting heart condition, patent foramen ovale, and paroxysmal atrial fibrillation. His report recites:

It is with reasonable certainty ... that the patient’s events that have persisted long after his on-the-job accident of 5/19/01 and cervical surgery by Dr. Ceolla [sic], are not related to either of these but rather caused by multiple strokes from his heart problems. The “hole” in his heart has most likely been present since birth. Furthermore, the nature of these cerebral infarctions or strokes, being small vessel in character, are uncharacteristic for a stroke that might be seen after cervical surgery.

Claimant also saw a cardiologist, Dr. Howard Schwartz. Dr. Schwartz’s report states that claimant did not report chest pain, shortness of breath, lightheadedness, palpitations, or swelling. His report notes that claimant and claimant’s wife thought claimant might be over medicated; that because of this he could not function adequately. Dr. Schwartz encouraged claimant to discuss with his other treating physicians the possibility of reducing or eliminating some of the medications claimant was taking. Dr. Schwartz referred claimant to a physician with pain specialization. Claimant chose to not see the physician Dr. Schwartz had suggested.

When claimant saw Dr. Ceola on January 17, claimant had complained of low back pain. An MRI and a CT myelogram of claimant’s lumbar spine were ordered. The tests revealed moderate degenerative disc disease and mild retrolisthesis at L3-4. Claimant did not wish to pursue physical therapy, bracing, or pain management. His preference was to pursue surgical intervention. Dr. Ceola performed a posterior lumbar interbody fusion on March 4, 2002. Claimant did well post-operatively but had one episode of confusion that was believed to be a reaction to medication. The back surgery resolved claimant’s back pain. On October 17, 2002, Dr. Ceola found that claimant had achieved maximum medical improvement and released claimant from his care.

The findings of the administrative law judge who heard claimant’s case were adopted by the commission (with a modification as to the rate of compensation). They include:

After carefully considering all of the evidence, I find that the only condition of the claimant which was caused by the work-related injury is his cervical condition. In reaching this conclusion, I relied primarily on the opinions of Dr. Ceola, Dr. Schwartz and Dr. Wong. I find their opinions the most credible and, therefore, give them substantially greater weight than the other opinions.

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Cite This Page — Counsel Stack

Bluebook (online)
255 S.W.3d 1, 2008 Mo. App. LEXIS 535, 2008 WL 1733721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lingerfelt-v-elite-logistics-inc-moctapp-2008.