Michael Massey v. City of Springfield, Missouri

Injury No. 96-442053

Before the

**DIVISION OF WORKERS' COMPENSATION** Department of Labor and Industrial Relations of Missouri Jefferson City, Missouri

Checked by: DLZ

1. Are any benefits awarded herein? No
2. Was the injury or occupational disease compensable under Chapter 287? No
3. Was there an accident or incident of occupational disease under the Law? No
4. Date of accident or onset of occupational disease: June 10, 1996
5. State location where accident occurred or occupational disease was contracted: Springfield, Greene County, Missouri
6. Was the above employee in the employment of the same employer at time of alleged accident or occupational disease? Yes
7. Did the employer receive proper notice? Yes
8. Did the accident or occupational disease arise out of and in the course of the employment? Yes
9. Was the claim for compensation filed within time required by Law? Yes
10. Was the employer insured by the above insurer? Self-insured
11. Describe the work employee was doing and how the accident occurred or occupational disease contracted: Claimant alleges mental stress injury in connection with disciplinary action and termination
12. Did the accident or occupational disease cause death? No Date of death? N/a
13. Part(s) of body injured by the accident or occupational disease: Body as a whole
14. Nature and extent of any permanent disability: None
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to-date by employer/insurer? None

1. Value necessary medical aid not furnished by employer/insurer? None
2. Employee's average weekly wages: $\ 412.40
3. Weekly compensation rate: $\$ 274.95 / \ 257.29
4. Method wages computation: Stipulation

1. Amount of compensation payable:

Unpaid medical expenses: None

No weeks of temporary total disability (or temporary partial disability)

No weeks of permanent partial disability from Employer

-0- weeks of disfigurement from Employer

No permanent total disability benefits from Employer for Claimant's lifetime

1. Second Injury Fund liability: Yes No X Open

TOTAL: NONE

1. Future requirements awarded: None

Employee: Michael Massey

Injury No: 96-442053

Before the DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents:

Employer: City of Springfield, Missouri

The parties appeared before the undersigned Associate Administrative Law Judge for a final hearing on January 12, 2004, evidence was adduced, and the hearing was recessed to January 16, 2004, on which date the hearing was concluded. Claimant appeared in person and by his attorneys, Richard D. Crites and Lynn Myers. The Employer appeared by its representative, Linda Richardson, and by its attorney, Patrick J. Platter. The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, appeared by Assistant Attorney General, Susan Colburn.

The parties have entered into a stipulation pertaining to certain facts which are not at issue in this claim as follows, to wit: On or about June 10, 1996, the City of Springfield, Missouri, was an employer operating subject to the Missouri Workers' Compensation Law; the Employer's liability was fully self-insured, administered by Claims Management, Inc.; on the alleged injury date of June 10, 1996, Michael Massey was an employee of the Employer; the Claimant was working subject to the Missouri Workers' Compensation Law; the employment occurred in Springfield, Greene County, Missouri, and Greene County, Missouri, is the proper venue for this hearing; the Claimant notified the Employer of his injury as required by Section 287.420; the Claimant's claim was filed within the time prescribed by Section 287.430; at the time of the claimed accident/occupational disease, Claimant's average weekly wage was $\ 412.40, sufficient to allow compensation rates of $\ 274.95 for temporary total disability and permanent total disability, and $\ 257.29 for permanent partial disability; no temporary benefits have been paid by the Employer prior to the date of this hearing; the Employer has paid no medical expenses prior to the date of this hearing; the Claimant's attorney seeks approval of an attorney fee of 25 % of the amount of any award; the parties further stipulate to the admission of Joint Exhibit 1, identified as all the exhibits from a personnel board hearing held by the Employer on November 1, 1996, except personnel board hearing Exhibits 25 and 26.

Whether the Claimant sustained an accident/occupational disease.

Whether the accident/occupational disease arose out of the course of and scope of employment.

Whether the accident/occupational disease caused the injuries and disabilities for which benefits are now being claimed. Whether the Employer is obligated to pay for past medical expenses.

Any temporary total benefits owed to Claimant.

The nature and extent of any permanent disabilities.

A legal file was established which consisted of the following documents, to wit: Claim for Compensation, Answer to Claim for Compensation filed by Employer, and Answer to Claim for Compensation filed by the Treasurer of the State of Missouri, as Custodian of the Second Injury Fund.

Joint Exhibit 1 was admitted into evidence by stipulation of the parties.

Claimant admitted exhibits into evidence as follows, to wit:

Exhibit A—Claim for Compensation file stamped June 9, 1998.

Exhibit B—Copy of Claim for Compensation with correspondence

Exhibit C—Medical records of Lakeland Regional Hospital

Exhibit D—Transcript of Personnel Board Hearing of November 1, 1996

Exhibit E—Counseling Assessment Report of Steven Moncher

Exhibit F—Curriculum Vitae of Steven Moncher

Exhibit G—Comprehensive Psychological Evaluation report of Thomas A. Blansett, PhD

Exhibit H—City of Springfield, Missouri, Merit System Rules, adopted October 5, 1981, as amended August 1996

Michael Massey, claimant herein, is a male, age 44, at the date of this hearing. Claimant testified that he previously worked in the wastewater department of the City of Independence, Missouri, until he was involuntarily terminated for violating that city's work attendance policy. The current Employer employed Claimant on January 5, 1994, as a wastewater operator. Claimant holds a Class C operator's license.

Claimant testified in detail concerning his first marriage breakup and termination and further testified concerning his second marriage, separation, and eventual dissolution. Claimant testified that after his second wife deserted him with most of his personal property, he resumed a pattern of heavy alcohol consumption and the use of illegal drugs.

Claimant testified that in early June 1996 he requested the services of Employer's employee assistance program (EAP) because he was "stressed out and very anxious feeling." Claimant was referred to the EAP where he met and was treated by psychologist, Jacqueline Kabonic. Claimant saw Jacqueline Kabonic on June 10, June 17, and June 26, 1996. Ms. Kabonic referred Claimant to Dr. Vic, a psychiatrist, for an evaluation for medication to assist Claimant in handling his mental condition, for which an appointment was made for June 18, 1996. Claimant failed to appear for his appointment with Dr. Vic. Thereafter, the appointment was rescheduled with Dr. Garcia for June 26, 1996. When Claimant arrived for his June 26, 1996, appointment with Dr. Garcia, he was informed that the appointment was cancelled. Claimant testified that he contacted the Employer to see why the appointment was cancelled and was told at that time that he was terminated from employment with the Employer.

Claimant testified that he had a disciplinary interview on June 20, 1996; concerning his taking more time off work than was allowed under the City of Springfield's various leave policies. Claimant testified that he did not remember details of the June 20, 1996, meeting and further testified that he did not remember any discussion concerning his employment or termination of employment from the City of Independence during the meeting of June 20, 1996. Claimant further testified that he did not remember if EAP was discussed at the meeting and that he did not know if Mr. Schaeffer knew that Claimant was in the EAP program. Claimant testified that after the meeting of June 20, 1996, the next matter with regard to his discipline or termination of employment occurred on June 26, 1996, when he was told that he had been terminated.

Claimant also testified that he had previous disciplinary action taken against him for excessive absenteeism when he was placed on six months probation and suspended without pay for one day, effective September 13, 1994. That suspension and probation was not appealed. Claimant testified that in January 1995 he was counseled during an annual review that he left his bank of leave time too low. Claimant testified that, in his opinion, he never actually ran out of leave time for sick leave or vacation. Claimant further testified that the Employer had charge