OTT LAW

Jennie Williams v. Missouri Department of Corrections

Decision date: October 3, 20062 pages

Summary

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation benefits to Jennie Williams for an injury sustained on October 14, 1997, with several technical corrections to the award designations. The Commission approved 140 weeks of permanent partial disability benefits and temporary total disability compensation, along with medical aid and attorney's fees.

Caption

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION
FINAL AWARD ALLOWING COMPENSATION
(Affirming Award and Decision of Administrative Law Judge
with Corrections)
Injury No.: 97-479719
Employee:Jennie Williams
Employer:Missouri Department of Corrections
Insurer:C A R O
Date of Accident:October 14, 1997
Place and County of Accident:Nodaway County, Missouri
The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided bysection 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commissionfinds 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, theCommission affirms the award and decision of the administrative law judge dated January 10, 2006, as corrected herein. The award and decision of Administrative Law Judge Nelson G. Allen, issued January 10, 2006, is attached and incorporated bythis reference.
We make the following corrections to the administrative law judge’s award:
• Page 2, numbered paragraph 21 of the administrative law judge’s award recites that 140 weeks of temporary total disability benefits are payable to employeefrom employer. Numbered paragraph 21 is corrected to read that 140 weeks of permanent partial disability benefits are payable to employee from employer.
• The first paragraph on page 5 of the administrative law judge’s award and decision recites, in part:
…and permanent partial disability compensation has been provided in the amount of $21,486.91 representing a period of 86 6/7 weeks from December 7, 1997 through December 11, 1997; January 15, 1998 through March 30, 1998; and August 9, 2000 through January 18, 2001.
The first paragraph on page 5 of the administrative law judge’s award and decision is corrected to read, in relevant part:
… and temporary total disability compensation has been provided in the amount of $21,486.91 representing a period of 86 6/7 weeks from December 7, 1997 through December 11, 1997; January 15, 1998 through March 30, 1998; and August 9, 2000 through January 18, 2001.
• The second paragraph on page 5 of the administrative law judge’s award and decision reads, in part: “The employer is requesting additional past medical aid in the amount of $12,273.71.” That paragraph is corrected to read: “The claimant is requesting additional past medical aid in the amount of $12,273.71.”
• The second paragraph on page 6 of the administrative law judge’s award and decision reads, in part: “The evidence at the temporary hearing was that the employee had sent the claimant home and would not allow her to return to work until she was 100% able.” That paragraph is corrected to read: “The evidence at the temporary hearing was that the employer had sent the claimant home and would not allow her to return to work until she was 100% able.”
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.

The award and decision of Administrative Law Judge Nelson G. Allen, issued January 10, 2006, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 3^{\text {rd }}$ day of October 2006.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary