Keith Madison v. Multiple entities (W. A. Thomas Real Estate Appraisal Company and related entities)

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 02-011264

Employee: Keith Madison

Employer: See attached

Insurer: Unknown

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Open)

Date of Accident: January 31, 2002

Place and County of Accident: St. Louis City

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 June 22, 2005. The award and decision of Administrative Law Judge Jennifer L. Schwendemann, issued June 22, 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 $\qquad 4^{\text {th }} \qquad$ day of May 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Injury No.: 02-011264

Employee: Keith Madison

1. Describe work employee was doing and how accident occurred or occupational disease contracted: Driving to purchase equipment and supplies for job.
2. Did accident or occupational disease cause death? No Date of death? N/A
3. Part(s) of body injured by accident or occupational disease: Body as a whole
4. Nature and extent of any permanent disability: 121 / 2 % body as a whole
5. Compensation paid to-date for temporary disability: -0 -
6. Value necessary medical aid paid to date by employer/insurer? -0 -

Employee: Keith Madison Injury No.: 02-011264

1. Value necessary medical aid not furnished by employer/insurer? \8,102.98
2. Employee's average weekly wages: \ 480.00
3. Weekly compensation rate: $\ 320.00
4. Method wages computation: Two-thirds of average weekly wage

1. Amount of compensation payable:

Unpaid medical expenses: $\ 8,102.98

Permanent partial disability from Employer $\ 16,000.00

1. Second Injury Fund liability: Open

TOTAL:

$\ 24,102.98

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:

Jeff Roth

Employee: Keith Madison

Injury No.: 02-011264

Dependents: N/A

Before the

Division of Workers'

The men had received permission from the Employer's main office to purchase additional supplies needed for a government building inspection.

1. The Claimant testified that he worked for Union Sarah NSA I Ltd. This company owned various apartment complexes. The main office for Union Sarah was housed at W.A. Thomas Realty on Kirkham Street in St. Louis County. Mr. Madison was hired by Sharon Robnett who along with her sister, Alice Bracken, ran the business. The Claimant testified that he had been working there for over six months. His title was Maintenance Supervisor and he believed his Employer to be W.A. Thomas.
2. W.A. Thomas is the Employer listed on Claimant's W-2 form. (See Claimant's Exhibit G).
3. Mr. Madison testified that he had visited the W.A. Thomas address on Kirkham before and he believed that many companies were operated from the one place of business. Many of these businesses are listed as alleged employers in the Claim for Compensation. He specifically took orders from Alice Bracken or Sharon Robnett. He was aware that another one of their sisters, Sandy Nobles, also helped in the business.
4. At the time of the injury, the Claimant testified that besides Mr. Bates, a gentleman by the name of LaBert also worked at Union Sarah, along with different contractors and maintenance people. He mentioned Rhonda Westfall and a woman by the name of Laverne. These people were in addition to the employees working at the Kirkham address.
5. The Claimant testified to the best of his knowledge his understanding of the Union Sarah relationship with W.A. Thomas. He believed W.A. Thomas reaped the benefits of rent from the Union Sarah apartment complex.
6. The Claimant testified he was on call 24 hours a day and that he easily worked 50 hours a week, paid $\ 12.00 an hour, and was only paid for a 40 hour week or $\ 960.00 every two weeks. (See Claimant's Exhibit E).
7. At the time of the injury, the Claimant felt no immediate pain and was able to return to work the same day. Then, however, he developed pain in his back. He told Sandra Nobles and the W.A. Thomas office the same day about the accident and the fact that his pain was hurting him. He denied having any prior back pain before this injury. A police report was filed and the Claimant was cited for failing to present an insurance card. (See Claimant's Exhibit H). When he inquired about insurance to see a doctor he was told by Ms. Nobles that none existed. The Claimant testified that he was in pain, without medical treatment being provided to him through his Employer, and without having private insurance he sought treatment at Connect Care.
8. The records from Connect Care, which were admitted into evidence, shows that the patient arrived the same day of the