Wilma Bevenue v. 3M Corporation (Minnesota Mining and Manufacturing Company)

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 99-183655

Employee: Wilma Bevenue

Employer: $\quad 3$ M Corporation (Minnesota Mining and Manufacturing Company)

Insurer: Old Republic Insurance Company

Date of Accident: Alleged November 10, 1999

Place and County of Accident: Vernon County, 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 July 6,2006 , and awards no compensation in the above-captioned case.

The award and decision of Chief Administrative Law Judge L. Timothy Wilson, issued July 6, 2006, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $5^{\text {th }}$ day of March 2007.

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? No
2. Was the injury or occupational disease compensable under Chapter 287? No
3. Was there an accident or incident of occupational disease under the Law? No
4. Date of accident or onset of occupational disease: November 10, 1999
5. State location where accident occurred or occupational disease was contracted: N/A
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? N/A
7. Did employer receive proper notice? N/A
8. Did accident or occupational disease arise out of and in the course of the employment? No
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: N/A
12. Did accident or occupational disease cause death? N/A
13. Part(s) of body injured by accident or occupational disease: N/A
14. Nature and extent of any permanent disability: None
15. Compensation paid to-date for temporary disability: -0-
16. Value necessary medical aid paid to date by employer/insurer? -0-

Employee: Wilma Bevenue Injury No. 99-183655 17. Value necessary medical aid not furnished by employer/insurer? -018. Employee's average weekly wages: $\ 496.36 19. Weekly compensation rate: $\ 329.07 20. Method wages computation: Stipulation

1. Amount of compensation payable:

Unpaid medical expenses: -0- 0 weeks of temporary total disability (or temporary partial disability) 0 weeks of permanent partial disability from Employer

0 weeks of disfigurement from Employer

Permanent total disability benefits from Employer beginning, for Claimant's lifetime

1. Second Injury Fund liability: No

0 weeks of permanent partial disability from Second Injury Fund

Uninsured medical/death benefits: -0-

Permanent total disability benefits from Second Injury Fund: None

TOTAL: -0-

1. Future requirements awarded:

Said payments to begin N/A 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 N/A of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

The above-referenced workers' compensation claim, which involved the combining of four workers' compensation cases for hearing, was heard before the undersigned Administrative Law Judge on May 1, 2006. $\underline{[1]}$ The parties were afforded an opportunity to submit briefs, resulting in the record being completed and submitted to the undersigned on or about May 22, 2006.

The employee, Wilma Bevenue, appeared personally and through her attorney, Doris House, Esq. The employer, Minnesota Mining and 3M Corporation-US-Monv01 ("3M") and insurer appeared through their attorney, Patrick Platter, Esq. The Second Injury Fund appeared through its attorney, Christina Hammers, Assistant Attorney General. (The Second Injury Fund is an additional party in Injury Nos. 02-154103, 02-154106, and 02-154105; but it is not a party in Injury No. 99-183655.)

The parties entered into a stipulation of facts in Injury No. 99-183655. The stipulation is as follows:

(1) On or about November 10, 1999 3M was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time was fully insured by Old Republic Insurance Co.

(2) On the alleged injury date of November 10, 1999 Wilma Bevenue was an employee of the employer, and was working under and subject to The Missouri Workers' Compensation Law.

(3) The above-referenced employment and alleged incident of occupational disease occurred in Vernon County, Missouri. The parties agree to venue lying in Joplin (Newton County), Missouri. Venue is proper.

(4) At the time of the alleged incident of occupational disease the employee's average weekly wage was $\ 496.36, which is sufficient to allow a compensation rate of $\ 329.07 for temporary and permanent disability compensation.

(5) Temporary disability compensation and medical care have not been provided to the employee.