John Jester v. Miltenberger Oil Company, Inc.

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 September 25, 2007. The award and decision of Chief Administrative Law Judge L. Timothy Wilson, issued September 25, 2007, 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 $31^{\text {st }}$ day of January 2008. 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? YES
2. Was the injury or occupational disease compensable under Chapter 287? YES
3. Was there an accident or incident of occupational disease under the Law? YES
4. Date of accident or onset of occupational disease: JULY 30, 2000
5. State location where accident occurred or occupational disease was contracted: LAWRENCE COUNTY, MO
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: PLUGGING IN TIRE BALANCER
12. Did accident or occupational disease cause death? NO
13. Part(s) of body injured by accident or occupational disease: BRAIN AND INNER EAR
14. Nature and extent of any permanent disability: PTD
15. Compensation paid to-date for temporary disability: $\ 10,300.58
16. Value necessary medical aid paid to date by employer/insurer? $\ 1,849.13
17. Value necessary medical aid not furnished by employer/insurer? -0 -
18. Employee's average weekly wages: $\ 303.81
19. Weekly compensation rate: $\ 202.54
20. Method wages computation: STIPULATION

1. Amount of compensation payable: $\ 202.54 per week for the employee's lifetime, effective as of July 6, 2004.

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

1. Future requirements awarded: FUTURE MEDICAL AND PTD ORDERED

Said payments to begin IMMEDIATELY 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 25 PERCENT of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

PATRICK PLATTER

The above-referenced workers' compensation claim was heard before the undersigned Administrative Law Judge on or about June 18, 2007. The evidentiary record, however, was left open for the submission of additional evidence, resulting in the record being closed on July 18, 2007. Also, the parties were afforded an opportunity to submit briefs, which resulted in the case being submitted to the undersigned for issuance of an award on or about July 23, 2007.

The employee appeared personally, and through his attorneys, Patrick Platter, Esq. and Scott Petit, Esq. The employer and insurer appeared through their attorney, Susan Turner, Esq. The Treasurer of Missouri, as Custodian of the Second Injury Fund, appeared through its attorney, Christina Hammers, Asst. Atty. Gen.

The parties entered into a stipulation of facts. The stipulation is as follows:

(1) On or about July 30, 2000 Miltenberger Oil Company, Inc. was an employer operating under and subject to The Missouri Workers' Compensation Law, and during this time