(Affirming Award and Decision of Administrative Law Judge)
Injury No.: 05-127622
Employee: Jerri Courtney
Employer: Skaggs Community Hospital
Insurer: Self-Insured
Date of Accident: September 20, 2005
Place and County of Accident: Taney 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. 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 31, 2007. The award and decision of Chief Administrative Law Judge L. Timothy Wilson, issued May 31, 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 14th day of February 2008.
LABOR AND INDUSTRIAL RELATIONS COMMISSION
William F. Ringer, Chairman
Alice A. Bartlett, Member
John J. Hickey, Member
Attest:
Secretary
AWARD
| Employee: | Jerri Courtney | Injury No. 05-127622 |
| Dependents: | N/A |
| Employer: | Skaggs Community |
| Hospital |
| Insurer: | Self-insured |
| Additional Party: | N/A |
| Hearing Date: | March 16, 2007 | Checked by: LTW |
| FINDINGS OF FACT AND RULINGS OF LAW |
| 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: SEPTEMBER 20, 2005 |
| 5. | State location where accident occurred or occupational disease was contracted: TANEY 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: |
| PERFORMING FOUR-MAN LIFT ON PATIENT |
| 12. | Did accident or occupational disease cause death? NO |
| 13. | Part(s) of body injured by accident or occupational disease: LOW BACK |
| 14. | Nature and extent of any permanent disability: 15 PERCENT BODY AS A WHOLE |
| 14. | Compensation paid to-date for temporary disability: -0- |
| 16. | Value necessary medical aid paid to date by employer/insurer? -0- |
| 17. | Value necessary medical aid not furnished by employer/insurer? $7,174.43 |
- Employee's average weekly wages: $\ 491.60
- Weekly compensation rate: $\ 327.75
- Method wages computation: STIPULATION
COMPENSATION PAYABLE
- Amount of compensation payable:
Unpaid medical expenses: $\ 7,164.43
8 5/7 weeks of temporary total disability $(\ 2,856.10)
6 6/7 weeks of temporary partial disability: $(\ 224.82)
60 weeks of permanent partial disability from Employer \$19,665.00
N/A weeks of disfigurement from Employer
N/A Permanent total disability benefits from Employer beginning, for Claimant's lifetime
- Second Injury Fund liability: No
Total: $\ 29,910.35
- Future requirements awarded: NONE
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:
DAVID TUNNEL
FINDINGS OF FACT and RULINGS OF LAW:
Employee: Jerri Courtney Injury No. 05-127622
Dependents: N/A
Employer: Skaggs Community
Hospital
Insurer: Self-insured
| Additional Party: N/A |
| Hearing Date: | March 16, 2007 | Checked by: LTW |
| AWARD |
| The above-referenced workers’ compensation claim was heard before the undersigned Administrative Law Judge on March 16, 2007. The parties were afforded an opportunity to submit briefs, resulting in the record being completed and submitted to the undersigned on or about April 10, 2007. |
| The parties entered into a stipulation of facts. The stipulation is as follows: |
| (1) | On or about September 20, 2005 Skaggs Community Hospital was an employer operating under and subject to The Missouri Workers’ Compensation Law, and during this time was fully self-insured. |
| (2) | On the alleged injury date of September 20, 2005 Jerri Courtney was an employee of the employer, and was working under and subject to The Missouri Workers’ Compensation Law. |
| (3) | The above-referenced employment and alleged accident occurred in Taney County, Missouri. The parties agree to venue lying in Taney County, Missouri. Venue is proper. |
| (4) | The Claim for Compensation was filed within the time prescribed by Section 287.430, RSMo. |
| (5) | At the time of the alleged accident the employee’s average weekly wage was 491.60, which is sufficient to allow a compensation rate of 327.75 for temporary disability compensation, and a compensation rate of $327.75 for permanent disability compensation. |
| (6) | Temporary disability compensation and medical care have not been provided to the employee by the employer. |
| The sole issues to be resolved by hearing include: |
| (1) | Whether the employee sustained an accident on or about September 20, 2005; and, if so, whether the accident arose out of and in the course of the employee’s employment with the employer? |
| (2) | Whether the employee gave the employer proper notice of the injury, if applicable? |
| (3) | Whether the alleged accident September 20, 2005 caused the injuries and disabilities for which benefits are now being claimed? |
| (4) | Whether the employer is obligated to pay for certain past medical care and expenses in the amount of $7,411.43? |
| (5) | Whether the employee is entitled to temporary disability benefits? |
| The employee seeks payment of temporary total disability compensation, payable for the following periods: |
| . | November 15, 2005 through December 16, 2005; |
| . | February 3, 2006 through February 28, 2006; and |
| . | August 20, 2006 through October 31, 2006. |
| The employee seeks payment of temporary partial disability compensation, payable for the period of |
| December 17, 2005 through February 2, 2006. Also, the employer asserts that, prior to the period for which he claims entitlement to temporary disability compensation, the employee reached MMI.In addition, the parties stipulate that the employee obtained unemployment compensation for the period of March 1, 2006 through August 19, 2006.(6) Whether the employee sustained any permanent disability as a consequence of the alleged accident; and, if so, the what is the nature and extent of the disability? |
| EVIDENCE PRESENTED |
| The employee testified at the hearing in support of her claim. In addition, the employee offered for admission the following exhibits: |
| Exhibit A. Complete Medical Report from Shane L. Bennoch, M.D. Exhibit B Deposition of Shannen Hodgins Exhibit C.............................. Deposition of Julie Dubinsky |
| Exhibit D.......................................................... Deposition of Renee Denton |
| Exhibit E.................................................... Deposition of Cheryl Morrissey |
| Exhibit F................................................................ First Incident Report |
| Exhibit G... Skaggs Community Health Center Accident Investigation Report |
| Exhibit H.......................................................... Supervisor’s Report of Injury |
| Exhibit I................................................................ Medical Expense List |
| Exhibit J...................................................................... Medical Bills |
| Exhibit K.................................. Medical Records from Lynn E. Allison, M.D. |
| Exhibit L............... Medical Records from Skaggs Community Health Center |
| Exhibit M..................................... Medical Records from Chris Weber, M.D. |
| Exhibit N............ Medical Records from Skaggs Community Health Center – |
| Physical Therapy |
| Exhibit O............................... Medical Records from Cox Health Systems – |
| Regional Center for Sports Medicine and Rehabilitation |
| Exhibit P.............. Medical Records from Skaggs Community Hospital -- ER |
| Exhibit Q Medical Records from Skaggs Occupational Health & Urgent Care Plus |
| Exhibit R.................. Skaggs Community Health Center – Radiology Report |
| The exhibits were received and admitted into evidence |
| The employer and insurer did not present any witnesses at the hearing of this case. The employer |
and insurer, however, offered for admission the following exhibits:
Exhibit 1 Skaggs Community Health Center - Rules for Work Related Injuries
Exhibit 2 Skaggs Community Health Center - Accident Investigation Report
Exhibit 3. Skaggs Community Health Center - Medical Authorization
Exhibit 4 Skaggs Community Health Center - Acknowledgement of Rules \& Policies
Exhibit 5....... Skaggs Community Health Center - Confidentiality Statement
Exhibit 6........... Skaggs Community Health Center - Physical Requirements
Exhibit 7... Skaggs Community Health Center - Application for Employment
Exhibit 8. Skaggs Community Health Center - FMLA Initial Response Form
Exhibit 9. Skaggs Community Health Center - Time Card for Renee Denton
Exhibit 10. Skaggs Community Health Center - Jerri Courtney
Exhibit 11. Calendar for September through December 2005
Exhibit 12. Website Materials of Skaggs Community Health Center
The exhibits were received and admitted into evidence.
In addition, the parties identified several documents filed with the Division of Workers' Compensation, which were made part of a single exhibit identified as the Legal File. The undersigned took official notice of the documents contained in the Legal File, which include:
Minute Entries
Request for Hearing
Notice of Hearing
Answer to Claim for Compensation
Claim for Compensation
Report of Injury