David Roberts v. Missouri Department of Transportation

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 97-429685

Employee: David L. Roberts

Employer: Missouri Department of Transportation

Insurer: Self-Insured

Date of Accident: September 29, 1997

Place and County of Accident: Greene County, Missouri

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by section 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge (ALJ) dated November 10, 2004. The award and decision of Administrative Law Judge Margaret Ellis Holden, as issued November 10, 2004, is attached and incorporated by this reference.

The Commission finds that the ALJ correctly weighed and evaluated the lay and medical testimony in reaching her conclusions as to disability, credibility and causation. Reese v. Gary \& Roger Link, Inc., 5 S.W.3d 552 (Mo. App. E.D.2002), Sullivan v. Masters Jackson Paving Co., 35 S.W.3d 879 (Mo. App. S.D. 2002), Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240 (Mo. banc 2003).

Motion of Employer/Self-Insurer to Supplement Transcript is granted. The submitted material shall be added to the transcript as Employer's Exhibit 13.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $\underline{14^{\text {th }}}$ day of June 2005.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

Attest: John J. Hickey, Member

Secretary