Ronald Vaughn v. Missouri Department of Public Safety

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 92-135488

Employee: Ronald Vaughn

Employer: Missouri Department of Public Safety

Insurer: Central Accident Reporting Office

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

Date of Accident: September 25, 1992

Place and County of Accident: Stone 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 associate 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 associate administrative law judge dated February 9, 2005. The award and decision of Associate Administrative Law Judge L. Timothy Wilson, issued February 9, 2005, is attached and incorporated by this reference.

The Commission further approves and affirms the associate 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 $\underline{22^{\text {nd }}}$ day of July 2005.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

Attest:

John J. Hickey, Member

Secretary

1. Are any benefits awarded herein? yes
2. Was the injury or occupational disease compensable under Chapter 287? yes
3. Was there an accident or incident of occupational disease under the Law? yes
4. Date of accident or onset of occupational disease: September 25, 1992
5. State location where accident occurred or occupational disease was contracted: Stone County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? yes
7. Did employer receive proper notice? yes
8. Did accident or occupational disease arise out of and in the course of the employment? yes
9. Was claim for compensation filed within time required by Law? yes
10. Was employer insured by above insurer? yes
11. Describe work employee was doing and how accident occurred or occupational disease contracted: While participating in annual strength testing required by the Missouri State Water Patrol, Claimant sustained an injury to his right upper extremity while performing a bench press on an exercise machine.
12. Did accident or occupational disease cause death? N/A Date of death? N/A
13. Part(s) of body injured by accident or occupational disease: right upper extremity
14. Nature and extent of any permanent disability: 15 % permanent partial disability referable to the right upper extremity
15. Compensation paid to-date for temporary disability:
16. Value necessary medical aid paid to date by employer/insurer?
17. Value necessary medical aid not furnished by employer/insurer?
18. Employee's average weekly wages: $\ 566.54
19. Weekly compensation rate: $\ 235.61
20. Method wages computation: stipulation

1. Amount of compensation payable: 31.5 weeks of permanent partial disability from Employer

1. Second Injury Fund liability: No

The claim against the Second Injury Fund is denied.

TOTAL:

$\ 8,246.35

1. Future requirements awarded: none

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

Richard D. Crites

Employee: Ronald E. Vaughn

Injury No: 92-135488

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: N/A

Employer: Missouri Department of Public Safety

Additional Party Second Injury Fund

Insurer: CARO

Checked by: LTW/mp

The above-referenced workers' compensation claim, which involved the consolidation of two workers' compensation

cases, was heard before the undersigned Associate Administrative Law Judge on August 30, 2004[1] The parties were afforded an opportunity to submit briefs, resulting in the record being completed and submitted to the undersigned on or about September 29, 2004.

In Injury Number 92-135488, the parties entered into a stipulation of facts. The stipulation is as follows:

1. On or about September 25, 1992, the Missouri Department of Public Safety was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time was fully self-insured with the benefits being administered by and through CARO.
2. On the alleged injury date of September 25, 1992, Ronald E. Vaughn was an employee of the employer and was working under and subject to The Missouri Workers' Compensation Law.
3. On or about September 25, 1992, the employee sustained an accident which arose out of and in the course and scope of employment.
4. The above-referenced employment and accident occurred in Stone County, Missouri. The parties agree to venue lying in Springfield (Greene County), Missouri. Venue is proper.
5. The employee notified the employer of his injury as required by Section 287.420, RSMo.
6. At the time of the alleged accident, the employee's average weekly wage was 566.54, which is sufficient to allow a compensation rate of 377.69 for temporary total disability compensation, and a compensation rate of $235.61 for permanent partial disability compensation.
7. The employee alleges that temporary disability benefits have not been provided to him. (The employee disputes the amount of temporary disability compensation and medical benefits paid by the employer, contending that certain benefits provided to him have been attributed by the employer to the 1994 file, but should be attributed to this file.)
8. The employer has provided medical treatment to the employee, having paid $642.05 in medical expenses.

The sole issues to be resolved by hearing in Injury Number 92-135488 include:

1. Whether the Claim for Compensation was filed within the time prescribed by law?
2. Whether the accident of September 25, 1992, caused the injuries and disabilities for which benefits are now being claimed?
3. Whether the employee sustained any permanent disability as a consequence of the alleged accident; and, if so, the nature and extent of the disability?
4. Whether the Treasurer of Missouri, as the Custodian of the Second Injury Fund, is liable for payment of additional permanent partial disability compensation?

In Injury Number 94-111529, the parties entered into a stipulation of facts. The stipulation is as follows:

1. On or about August 13, 1994, the Missouri Department of Public Safety was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time was fully self-insured with the benefits being administered by and through CARO.
2. On the alleged injury date of August 13, 1994, Ronald E. Vaughn was an employee of the employer and was working under and subject to The Missouri Workers' Compensation Law.
3. On or about August 13, 1994, the employee sustained an accident which arose out of and in the course and scope of employment.

In addition, the parties identified several documents filed with the Division of Workers' Compensation which were made part of a single exhibit identified as the Legal File. The undersigned took official notice of the documents contained in the Legal File which include: Notice of Hearing; Answer of Second Injury Fund to Claim for Compensation (Injury No. 94111529); Answer of Employer to Claim for Compensation (Injury No. 94-111529); Claim for Compensation (Injury No. 94111529); Report of Injury (Injury No. 94-111529); Answer of Employer to Claim for Compensation (Injury No. 92-135488); Answer of Second Injury Fund to Claim for Compensation (Injury No. 92-135488); Claim for Compensation (Injury No. 92135488); and Report of Injury (Injury No. 92-135488).

The employee, Ronald Vaughn, is 63 years of ag