Charles Kuykendall v. Gates Rubber Company

(Pursuant to the Mandate of the Missouri Court of Appeals, Southern District)

Injury No.: 00-042763

Employee: Charles Kuykendall

Employer: Gates Rubber Company

Insurer: Self-Insured

Date of Accident: On or about March 10, 2000

On December 6, 2006, the Missouri Court of Appeals for the Southern District issued an opinion reversing a portion of the April 20, 2006, Final Award of the Labor and Industrial Relations Commission (Commission) in the above-referenced case. In particular, the Court reversed that part of the Commission's Final Award that relates to the denial of any benefits for employee's work related disability resulting from myofascial pain in his shoulders. In all other respects, the Court affirmed the award. By mandate issued December 22, 2006, the Court remanded this matter to the Commission with directions to enter a new award which recognizes a positive percentage disability resulting from employee's myofascial pain in his shoulders as the Commission may determine. Kuykendall v. Gates Rubber Co., 207 S.W.3d 694 (Mo. App. S.D. 2006). Pursuant to the Court's opinion and mandate, we issue this award.

We accept Dr. Eaton's opinion as to the extent of disability employee suffered as a result of work-related bilateral myofascial pain related to his shoulders. Accordingly, we award permanent partial disability of 15 % of the body as a whole referable to the myofascial pain.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fees 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 $15^{\text {th }}$ day of February 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary