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Chatmon v. St. Charles County Ambulance District9/18/2001
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED.
Crandall, Jr., P.J. and R. Dowd, Jr., J., concur.
In this workers' compensation case, employer, St. Charles County Ambulance District, and insurer, Missouri Fire and Ambulance District, appeal from the final award of the Labor and Industrial Relations Commission (Commission) allowing compensation and affirming the award of the Administrative Law Judge (ALJ). The ALJ found that claimant, Audrey Chatmon, had sustained permanent total disability as a result of back pain and depression caused by an injury she sustained while working as a paramedic. Employer and insurer contend that the Commission erred 1) in finding claimant's psychiatric disability was medically caused by her low back injury and not an underlying personality trait, 2) in finding claimant permanently and totally disabled and not permanently and partially disabled, 3) in awarding claimant past temporary total disability benefits, and 4) in awarding claimant future medical care. Employer and insurer argue that each of these actions was against the overwhelming weight of the evidence. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On June 27, 1992, at approximately 1:30 a.m., claimant was working as a paramedic for employer when she attempted to unload a stretcher bearing an obese patient from an ambulance. Before the stretcher wheel system had locked in place, another paramedic pulled the stretcher out as claimant stood at the foot of the stretcher holding on to it. Because the wheels were not locked into place, the stretcher bounced on the fender and hit the ground while claimant was still holding on to it. Claimant experienced pain in her back and felt dizzy and nauseated. Later that day, claimant was examined by her physician, Phillip E. Korenblat, M.D., who referred claimant to a neurologist for her severe back pain. From this time through the date of the hearing claimant continued to be treated for back pain by several other medical doctors and physical therapists, including those referred by employer and insurer. At the time of the hearing, claimant's back pain was being treated by a physician who prescribed a morphine patch.
In December 1992, claimant began treatment with Debra Pearce-McCall, Ph.D., a psychotherapist. Dr. Pearce-McCall diagnosed claimant with major depression as a result of the pain from her June 27, 1992 back injury and with post-traumatic stress disorder. Dr. Pearce-McCall provided claimant with psychotherapy through 1995 at which time Dr. Pearce-McCall left the St. Louis area. Claimant continued to receive psychotherapy through the date of the hearing from another psychologist recommended by her psychiatrist.
On November 17, 1993, claimant began treatment with Khawla Khan, M.D., a psychiatrist, who also diagnosed her depression as being caused by the pain and disability resulting from the back injury. Dr. Khan treated claimant with antipsychotic medications. In addition claimant was repeatedly hospitalized for depression and made two serious suicide attempts for which she was hospitalized. Dr. Kahn was still treating claimant for depression at the time of the hearing. Claimant has not worked since the accident. Since the accident claimant's physical condition has deteriorated to the point where she cannot do household tasks or hobbies and uses an electric scooter when she goes out.
Claimant filed a claim for compensation with the Division of Workers' Compensation, which was subsequently amended. She reported injuries to her lower back, hip, and pelvis and a psychiatric/adjustment disorder. The ALJ heard the case on October 25, 1999. On January 8,
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