Lynda Noel v. ABB Combustion Engineering

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 July 14, 2006. The award and decision of Chief Administrative Law Judge Jack H. Knowlan, Jr., issued July 14, 2006, 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 $\qquad 19th \qquad$ day of January 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member Attest:

Secretary

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

FINAL AWARD ALLOWING COMPENSATION (Affirming Award and Decision of Administrative Law Judge)

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 July 14, 2006. The award and decision of Chief Administrative Law Judge Jack H. Knowlan, Jr., issued July 14, 2006, 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 $\qquad 19^{\text {th }} \qquad$ day of January 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: Lynda Noel

Injury No. 97-447116, 98-171249 and 00-001674

Dependents: N/A

Said payments shall be payable as provided in the findings of fact and rulings of law, and shall 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: Keith E. Link

On April 19, 2006, the employee, Lynda Noel, appeared in person and by her attorney, Mr. Keith E. Link, for a hearing for a final award. The employer was represented at the hearing by its attorney, Mr. John Kafoury. The Second Injury Fund was represented at the hearing by Assistant Attorney General Laura Wagoner.

At the time of the hearing, the parties requested that the employee’s claims for compensation under injury number 97-447116, 98-171249 and 00-001674 be combined for a consolidated evidentiary hearing. This request was based on the fact that the employee’s three claims were against the same employer, and the evidence to be introduced in each of these claims would be identical. The parties further agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues for each claim, together with the findings of fact and rulings of law, are set forth below as follows:

1. On or about November 4, 1997, December 2, 1998 and January 12, 2000, ABB Combustion Engineering was a covered employer operating under and subject to the provisions of the Missouri Workers’ Compensation Act. For the 1997, 1998 and 2000 claims, the employer’s liability for workers’ compensation was insured by National Union Fire Insurance Company, Insurance Company of the State of Pennsylvania, and Home Assurance Company, respectively.
2. On the dates of Lynda Noel’s three accidents or occupational disease claims, Lynda Noel was an employee of ABB Combustion Engineering, and was working under the provisions of the Missouri Workers’ Compensation Act.
3. On or about November 4, 1997, December 2, 1998 and January 12, 2000, the employee sustained accidents or occupational disease that arose out of and in the course of her employment.
4. The employer had notice of the employee’s accidents or occupational disease and her resulting injuries.
5. The employee