Debra Williams v. City of St. Louis

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 97-481778

Employee: Debra Williams

Employer: City of St. Louis

Insurer: Self-Insured

Cannon Cochran Management Services

Date of Accident: December 11, 1997

Place and County of Accident: St. Louis City, 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 February 6, 2007, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Suzette Carlisle, issued February 6, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad$ 17th day of April 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? Yes
4. Date of accident or onset of occupational disease: December 11, 1997
5. State location where accident occurred or occupational disease was contracted: St. Louis City
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of the employment? Yes
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: Claimant was injured during an inmate altercation.
12. Did accident or occupational disease cause death? No Date of death? N/A
13. Part(s) of body injured by accident or occupational disease: Neck
14. Nature and extent of any permanent disability: N/A
15. Compensation paid to-date for temporary disability: $\ 805.25
16. Value necessary medical aid paid to date by employer/insurer? $\ 6,206.89

Employee: Debra Williams Injury No.: 97-481778 17. Value necessary medical aid not furnished by employer/insurer? N/A 18. Employee's average weekly wages: $\ 445.00 19. Weekly compensation rate: $\$ 296.67 / \ 278.42 20. Method wages computation: Stipulated

1. Amount of compensation payable:

Said payments to begin 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:

Jennifer Finley

A hearing was held at the Missouri Division of Workers’ Compensation, St. Louis office, on October 23, 2006. Debra Williams ("Claimant") requested a Final Hearing pursuant to $\S 287.450$ RSMo. Claimant appeared pro-se. Attorney Robert Hart represented St. Louis City ("Employer") and their self-insured third party administrator, Cannon Cochran Management Services. Assistant Attorney General Michael Finneran represented the Second Injury Fund ("SIF").

The hearing was reopened on November 9, 2006, at the request of Attorney Jennifer Finley for her to present evidence regarding her lien. Ms. Finley stated she did not receive notice of the October 23, 2006 hearing. Attorneys Finley and John Wallach withdrew from representing Claimant and filed liens. Judicial notice is taken of AICS records which show an October hearing notice was sent to Attorney Finley for injury number 97-481778 but not injury number 98-058491. Attorney Wallach was also sent notice of the October hearing.

Claimant appeared pro-se. Attorney Robert Hart represented Employer and Attorney Eileen Krispin represented the SIF. Attorney Jennifer Finley appeared but Attorney Wallach did not. The hearing was limited to evidence regarding Ms. Finley's lien and the record closed after presentation of evidence.

Injury Numbers 97-481778 and 98-058491 were heard together. Although separate awards are issued, the body of each award contains similar issues and the claims are closely related. Hearing venue is correct and jurisdiction properly lies with the Missouri Division of Workers’ Compensation.

The parties have stipulated to the following on or about December 11, 1997:

1. Claimant was employed by Employer.
2. Claimant sustained an injury by accident arising out of and in the course of employment occurring in St. Louis City.
3. Employer and Claimant were operating under the provisions of the Missouri Workers’ Compensation law.
4. Employer's liability was self-insured by Cannon Cochran Management Services.

I. Court's Exhibit I.- admitted

II. Court's Exhibit II. - limited admission ${ }^{[2]}$

* Claimant's Exhibits G and I, Employer's Exhibit 2, and Court's Exhibits I and II are admitted either in whole or in part as described above.

1. Claimant is 46 years old and began working as a Corrections Officer I for the City of St. Louis at the St. Louis Medium Security facility about nine years ago. Claimant's job was to monitor and maintain the safety and custody of prisoners. Claimant last worked for Employer in June 1999.
2. Claimant believed co-workers were out to get her after she came forward with information about a co-worker. Claimant testified co-workers tainted her food with rat poison, urine and spit and told her she was going to die. Claimant became depressed after this occurred.
3. Claimant testified several co-workers "set her up" to be injured on December 11, 1997. Claimant testified co-workers allowed thirty inmates to fight while only Claimant and one guard were on hand. Inmates hit, punched and slammed Claimant into a wall. Claimant treated at Healthline where she requested an MRI but only received x-rays. No records of treatment are in evidence.
4. On January 9, 1998, fifteen inmates began fighting. Again Claimant was hit, punched and thrown into the wall, injuring her left knee. Claimant returned to Healthline, where her knee was x-rayed and she was given a brace. Claimant was placed on light duty; but Claimant testified Employer did not honor the limitations. No treatment records are in evidence.
5. Claimant was seen at St. Louis University Emergency Room on July 17, 1998 when she experienced headaches, and pain and numbness on the left side of her body while monitoring prisoners. Claimant was diagnosed with a sprained shoulder and epidural injections were recommended by Dr. Carter.
6. Claimant testified she has seven 'slipped discs' in her neck, five due to the 1997-98 work injuries. Complaints include pain, headaches and inability to sleep due to the neck pain. Claimant wears a neck brace mainly at night.
7. Claimant testified she has four or five 'slipped discs' in her low back since December 1997. Claimant testified that an MRI showed curvature of the low back which she attributes to the December 1997 and January 1998 work injuries. She believed the curvature would not have occurred if she had received prompt treatment.
8. Claimant complained of left knee pain, fluid, and buckling. Claimant testified it took six years to receive surgery for a left knee meniscal tear. As a result of depression, she sleeps, stays home, cannot work, and has been under the influence of medications for six years which she does not believe she needs. Claimant further testified she was over medicated and received treatment from a d