David Murphy v. Barbeque Wood Flavors

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 03-000624

Employee: David Murphy

Employer: Barbeque Wood Flavors (Settled)

Insurer: Travelers Casualty \& Surety Company (Settled)

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

Date of Accident: January 7, 2003

Place and County of Accident: McDonald 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.

While the matter was pending before the Commission, employee settled his claim against employer/insurer.

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 August 31, 2006. The award and decision of Chief Administrative Law Judge L. Timothy Wilson, issued August 31, 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 $23^{\text {rd }}$ day of March 2007.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

The above-referenced workers' compensation claim was heard before the undersigned Administrative Law Judge on June 15, 2006. The parties were afforded an opportunity to submitbriefs, resulting in the record being completed and submitted to the undersigned on or about August 1, 2006.

The parties entered into a stipulation of facts. The stipulation is as follows:(1) On or about January 7, 2003 Barbeque Wood Flavors, Inc. was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time wasfully insured by Travelers Casualty & Surety Co.(2) On the alleged injury date of January 7, 2003 David Murphy was an employee of the employer, and was working under and subject to The Missouri Workers' Compensation Law.(3) On or about January 7, 2003 the employee sustained an accident, which arose out of and in the course and scope of his employment with theemployer.(4) The above-referenced employment and accident occurred in McDonald County, Missouri. Venue is

Exhibit AA ............ Wage Statement of Bill Wilks from Employer for period of 11-03-02 through 11-09-02 Exhibit BB ........... Wage Statement of Adam Beck from Employer for period of 11-09-02 through 11-15-02 Exhibit CC ........... Wage Statement of Adam Beck from Employer for period of 12-08-02 through 12-14-02 Exhibit DD ............ Wage Statement of Bill Wilks from Employer for period of 12-08-02 through 12-14-02 Exhibit EE ............ Wage Statement of Adam Beck from Employer for period of 12-15-02 through 12-21-02 Exhibit FF ............ Wage Statement of Sean Bodas from Employer for period of 01-04-03 through 01-10-03 Exhibit GG .......................... Checks payable to Sean Bodas from Employer

The exhibits were received and admitted into evidence.

The employer and insurer presented at the hearing of this case one witness - George Wartsbaugh, who is the owner of Barbeque Wood Flavors, Inc. Also, the employer and insurer offered for admission the following exhibits:

Exhibit 1

.. NOT OFFERED BY EMPLOYER / INSURER

Exhibit 1A

Summary of FICA Earnings for Employee (for years 1963 through 2002)

Exhibit 2

Deposition of Employee

Exhibit 3

Medical Report of David A. Ball, M.D.

Exhibit T...... Discovery Documents Provided to Employee by Employer