Kelvin Dudley v. Garco Wine Company

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 01-168136

Employee: Kelvin Dudley

Employer: Garco Wine Company

Insurer: Zurich American Insurance Company

Date of Accident: March 14, 2001

Place and County of Accident: St. Louis, 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 dated November 3, 2005. The award and decision of Administrative Law Judge Cornelius T. Lane, issued November 3, 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 $\underline{18^{\text {th }}}$ day of January 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

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: March 14, 2001
5. State location where accident occurred or occupational disease was contracted: St. Louis, 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: Twisted knee and fell.
12. Did accident or occupational disease cause death? No Date of death? N/A
13. Part(s) of body injured by accident or occupational disease: Left knee
14. Nature and extent of any permanent disability: 2.5% permanent partial disability of the left knee
15. Compensation paid to-date for temporary disability: -0 -
16. Value necessary medical aid paid to date by employer/insurer? $436.70 Employee: Kelvin Dudley Injury No.: 01-168136
17. Value necessary medical aid not furnished by employer/insurer? -0 -
18. Employee’s average weekly wages: 446.05
19. Weekly compensation rate: 297.37/$297.37
20. Method wages computation: By agreement

1. Amount of compensation payable: 4 weeks of permanent partial disability from Employer $1,189.48

1. Future requirements awarded: N/A

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:

Susan Brown

A hearing was held on the above-mentioned matter on September 13, 2005. Claimant, Kelvin Dudley, was represented by Attorney Susan Brown. The Employer/Insurer was represented by Attorney Craig Hansen.

1. What is the nature and extent of permanent partial disability that Claimant sustained as a result of the injury of March 15, 2001 while in the employ of Garco Wine Company?
2. Whether Claimant is entitled to any temporary total disability and past medical expenses resulting from the injury sustained on March 15, 2001 while in the employ of Garco Wine Company?

injury of March 14, 2001 and therefore no benefits are awarded.

A true copy: Attest:

Patricia "Pat" Secrest

Director

Division of Workers' Compensation