Cayree Ragsdale v. Litton Advanced Circuitry

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 99-081559

Employee: Cayree Ragsdale

Employer: Litton Advanced Circuitry

Insurer: CNA Insurance Company

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

Date of Accident: June 24, 1999

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 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 April 4, 2005. The award and decision of Associate Administrative Law Judge L. Timothy Wilson, issued April 4, 2005, is attached and incorporated by this reference.

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 $\qquad 8^{\text {th }}$ day of August 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: June 24, 1999
5. State location where accident occurred or occupational disease was contracted: Greene 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 performiing repetitive hand movements in her job, Claimant developed injuries to both wrists and hands.
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: both wrists and hands
14. Nature and extent of any permanent disability: 20% permanent partial disability to both upper extremities
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:
19. Weekly compensation rate: $\ 294.73
20. Method wages computation: stipulation

1. Amount of compensation payable:

The employer and insurer shall provide claimant with future medical care relative to removal of the hardware (related to her surgeries) as may be reasonable, necessary and causally related to the accident of June 24, 1999.

8 weeks of permanent partial disability from Employer

8 weeks of disfigurement from Employer

1. Second Injury Fund liability: No

TOTAL:

1. Future requirements awarded: future medical (see above)

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:

Paul Reichert

Employee: Cayree Ragsdale

Injury No: 99-081559

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

Dependents: N/A

Employer: Litton Advanced Circuitry

Additional Party N/A

Insurer: CNA Insurance Company

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 September 16, 2004. Therecord was left open for the submission of additional evidence, and the parties were afforded an opportunity to submit briefs, resulting in the record being completed and submitted to the undersigned on or about December 10, 2004.

The parties entered into a stipulation of facts in Injury No. 99-081559. The stipulation is as follows:

(1) On or about June 24, 1999, Litton Advanced Circuitry was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time was fully insured by CNA Insurance Co.

(2) On the alleged injury date of June 24, 1999, Cayree Ragsdale was an employee of the employer and was working under and subject to The Missouri Workers' Compensation Law.

(3) On or about June 24, 1999, the employee sustained an incident of occupational disease which arose out of and in the course and scope of employment.

(4) The above-referenced employment and incident of occupational disease occurred in Greene County, Missouri. The parties agree to venue lying in Greene County, Missouri. Venue is proper.

(5) The employee notified the employer of her injury as required by Section, 287.420, RSMo.

(6) The Claim for Compensation was filed within the time prescribed by Section 287.430, RSMo.

(7) At the time of the alleged incident of occupational disease, the employee's average weekly wage was sufficient to allow a compensation rate of $\ 294.73 for permanent partial disability compensation.

(8) Temporary disability benefits and medical care have been provided to the employee. (The parties did not identify in the stipulation the amount of temporary disability compensation and medical expenses paid by the employer and insurer in this case. However, the Receipt and Notice of Termination of Compensation identifies temporary disability compensation being paid in the amount of $\ 858.61 and medical expenses being paid in the amount of $\ 11,216.89 )

The issues to be resolved by hearing in Injury No. 99-081559 include:

(1) Whether the employee has sustained injuries that will require additional or future medical care in order to cure and relieve her of the effects of the injuries?

(2) Whether the employee sustained any permanent disability as a consequence of the alleged incident of occupational disease; and, if so, what is the nature and extent of the disability?

In Injury No. 00-177055 the parties entered into a stipulation of facts. The stipulation is as follows:

(1) On or about October 13, 2000, Litton Advance Circuitry was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time was fully insured by CNA Insurance Co.

(2) On the alleged injury date of October 13, 2000, Cayree Ragsdale was an employee of the employer and was working under and subject to The Missouri Workers' Compensation Law.

(3) The above-referenced employment and alleged incident of occupational disease accident occurred in Greene County, Missouri. The parties agree to venue lying in Greene County, Missouri. Venue is proper.

(4) The employee notified the employer of her injury as required by Section, 287.420, RSMo.

(5) The Claim for Compensation was filed within the time prescribed by Section 287.430,

a tool crib attendant. The duties of Ms. Ragsdale in this employment require her to perform repetitive gripping and pinching with her hands and thumbs while working with drill