Neil Schaffer v. Litton Interconnect Technology

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 May 16, 2007, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Margaret Ellis Holden, issued May 16, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $24^{\text {th }}$ day of January 2008. LABOR AND INDUSTRIAL RELATIONS COMMISSION William F. Ringer, Chairman

Alice A. Bartlett, Member John J. Hickey, Member Attest:

Secretary AWARD

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: N/A
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? YES
7. Did employer receive proper notice? YES
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: ALLEGED WORK-RELATED STRESS.
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: N/A
14. Nature and extent of any permanent disability: NONE
15. Compensation paid to-date for temporary disability: NONE
16. Value necessary medical aid paid to date by employer/insurer? NONE

Employee: NEIL SCHAFFER Injury No. 02-071252

1. Value necessary medical aid not furnished by employer/insurer? N/A
2. Employee's average weekly wages: N/A
3. Weekly compensation rate: $\$ 628.90 / 329.42$
4. Method wages computation: BY AGREEMENT

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 N/A, for Claimant's lifetime

1. Second Injury Fund liability: Yes No X Open

0 weeks of permanent partial disability from Second Injury Fund

Uninsured medical/death benefits: O

Permanent total disability benefits from Second Injury Fund:

weekly differential (0) payable by SIF for 0 weeks, beginning N/A

and, 0 thereafter, for Claimant's lifetime

TOTAL: SEE AWARD

1. 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:

RANDALL REICHARD

Employee: Neil Shaffer Injury No. 02-071252

Dependents: N/A

Employer: Litton Interconnect Technology

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

Insurer: Insurance Company of the State of Pennsylvania c/o AIG Claim Services, Inc.

Hearing Date: $\quad 1 / 10 / 07,1 / 11 / 07,1 / 24 / 07, \& 1 / 25 / 07 \quad$ Checked by: MEH

The parties appeared before the undersigned administrative law judge on January 10, 11, 24, and 25, 2007, for a final hearing. The claimant appeared in person represented by Randall Reichard. The employer and insurer appeared represented by Bill Love and Daniel Malloy. The Second Injury Fund appeared represented by Susan Colburn. Memorandums of law were filed by March 5, 2007.

The parties stipulated to the following facts: On or about May 2, 2002, Litton Interconnect Technology was an employer operating subject to the Missouri Workers' Compensation Law. The employer's liability was fully insured by Insurance Company of the State of Pennsylvania c/o AIG Claim Services, Inc. On the alleged injury date of May 2, 2002, Neil Shaeffer was an employee of the employer. The claimant was working subject to the Missouri Workers Compensation

Law. This employment occurred in Greene County, Missouri. The claimant notified the employer of his injury as required by Section, 287.420, RSMo. The claimant's claim for compensation was filed within the time prescribed by Section 287.430, RSMo. At the time of the alleged occupational disease, the claimant's average weekly wage was sufficient to allow a compensation rate of $\ 628.90 for temporary and permanent total disability compensation, and a compensation rate of $\ 329.42 for permanent partial disability compensation. No temporary disability benefits have been paid to the claimant. The employer and insurer have paid no medical benefits. The attorney fee being sought is on an hourly basis up to 25 %. The claim against the Second Injury Fund is dismissed by the claimant at the beginning of the hearing. The exhibits admitted were as follows:

I. Three volumes, Joint Medical Exhibit - Volumes I and IA are medical records and Volume II is psychological records.

A. Duties of Environmental Engineer

B. Duties of Safety Manager

C. Accident Investigation Report

D. Claimant's note to Dr. Lyons - Summer 2002

E. Periods of Medical Leave - Summer 2002

F. 2002 Environment and Safety Schedule

G. Summary of Claimant's Training Hours

H. Claimant's Job Applications

I. August 1999 Vacation Schedule

J. Report Preparation - 2000

K. List of Employers - Mass Resume' Mailing

L. Duties of Environmental and Safety Manager - May 31, 2002

M. 2001 Annual Report on Environment and Safety

N. Claimant's letter to Fox and O'Connell - August 2001

O. Rebecca Gallay Report

P. Reallocation of ESM Duties - April 22, 2002

Q. Current Project Summary - January 24, 2002

R. Budget for 2002

S. Performance Review - August 1997

T. Performance Review - July 1998

U. Performance Review - July 1999

V. Performance Review - August 2000

W. Performance Review - August 2001

X. Performance Review - January 2002

Y. Dr. Weachter's letter of July 5, 2002

Z. Dr. Lyons letter of October 7, 2002

AA. Memo from Jim Fox dated May 17, 2002

BB. Claimant's letter regarding Korean Regulations

CC. Review of Korean Regulations

DD. Letter to Hector regarding Chicken, Texas of April 4, 1990

1. Whether the claimant sustained an occupational disease which arose out of the course and scope of employment.
2. Whether the occupational disease caused the injuries and disabilities for which benefits are being claimed under Section 287.120.8, RSMo.
3. Whether the employer is obligated to pay past medical expenses.
4. Whether the claimant has sustained injuries that will require future medical care in order to cure and relieve the claimant of the effects of the injuries.
5. Any temporary total benefits owed to the claimant.
6. The nature and extent of permanent disabilities, including permanent and total disability.

The claimant is 54 years old. He is married to Jin Sook Shaeffer. He received a Bachelor’s degree with a double major in Biology and Chemistry from the School of the Ozarks in 1977. He Received a Maste