Owen Wedig v. KV Pharmaceutical Co.
Decision date: June 28, 20074 pages
Summary
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Owen Wedig. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.
Caption
| Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION | |
| FINAL AWARD DENYING COMPENSATION | |
| (Affirming Award and Decision of Administrative Law Judge) | |
| Injury No.: 03-064556 | |
| Employee: | Owen Wedig |
| Employer: | KV Pharmaceutical Co. |
| Insurer: | Liberty Mutual Insurance Co. |
| Additional Party: | Treasurer of Missouri as Custodian of Second Injury Fund (Denied) |
| Date of Accident: | March 13, 2003 |
| Place and County of Accident: | St. Louis County |
| 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 March 2, 2007, and awards no compensation in the above-captioned case. | |
| The award and decision of Administrative Law Judge John Howard Percy, issued March 2, 2007, is attached and incorporated by this reference. | |
| Given at Jefferson City, State of Missouri, this __28th__ day of June 2007. | |
| LABOR AND INDUSTRIAL RELATIONS COMMISSION | |
| William F. Ringer, Chairman | |
| Alice A. Bartlett, Member | |
| John J. Hickey, Member | |
| Attest: | |
| Secretary | |
| AWARD | |
| Employee: | Owen Wedig |
| Dependents: | N/A | Before the |
| Division of Workers’ | ||
| Employer: | KV Pharmaceutical Co. | Compensation |
| Additional Party: | Second Injury Fund (Denied) | Department of Labor and Industrial |
| Relations of Missouri | ||
| Jefferson City, Missouri | ||
| Insurer: | Liberty Mutual Insurance Co. | |
| Hearing Date: | December 6, 7, 8 and 14, 2006 | Checked by: JHP:tr |
FINDINGS OF FACT AND RULINGS OF LAW
- Are any benefits awarded herein? No
- Was the injury or occupational disease compensable under Chapter 287? No
- Was there an accident or incident of occupational disease under the Law? No
- Date of accident or onset of occupational disease: N/A
- State location where accident occurred or occupational disease was contracted: N/A
- Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
- Did employer receive proper notice? Yes
- Did accident or occupational disease arise out of and in the course of the employment? No
- Was claim for compensation filed within time required by Law? Yes
- Was employer insured by above insurer? Yes
- Describe work employee was doing and how accident occurred or occupational disease contracted: N/A
- Did accident or occupational disease cause death? No Date of death? N/A
- Part(s) of body injured by accident or occupational disease: N/A
- Nature and extent of any permanent disability: N/A
- Compensation paid to-date for temporary disability: None
- Value necessary medical aid paid to date by employer/insurer? None
Employee: Owen Wedig Injury No.: 03-064556 17. Value necessary medical aid not furnished by employer/insurer? None 18. Employee's average weekly wages: $\ 604.80 19. Weekly compensation rate: $\ 403.20 PTD/TTD/\$340.12 PPD 20. Method wages computation: Stipulation
COMPENSATION PAYABLE
- Amount of compensation payable:
None 22. Second Injury Fund liability: No
- Future requirements awarded: None
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:
$\mathrm{N} / \mathrm{A}$
FINDINGS OF FACT and RULINGS OF LAW:
Employee: Owen Wedig
Dependents: N/A
Employer: KV Pharmaceutical Co.
Additional Party: Second Injury Fund (Denied)
Insurer: Liberty Mutual Insurance Company
Injury No.: 03-064556
Before the
Division of Workers'
Compensation
Department of Labor and Industrial
Relations of Missouri
Jefferson City, Missouri
Checked by: JHP:tr
Date: $\qquad Made by: \qquad$
John Howard Percy
Administrative Law Judge
Division of Workers' Compensation
A true copy: Attest:
Patricia "Pat" Secrest
Director
Division of Workers' Compensation