Theodis Brown v. Department of Mental Health (Alleged)

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 November 20, 2007, and awards no compensation in the abovecaptioned case.

The award and decision of Administrative Law Judge Edwin J. Kohner, issued November 20, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 10th day of March 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Injury No.: 02-159108

Employee: Theodis Brown

Employer: Department of Mental Health (Alleged)

Insurer: Self-Insured

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

Date of Accident: June 6, 2002 (Alleged)

Place and County of Accident: St. Louis 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 November 20, 2007, and awards no compensation in the abovecaptioned case.

The award and decision of Administrative Law Judge Edwin J. Kohner, issued November 20, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 10th day of March 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Employee: Theodis Brown

Injury No.: 02-159108

Dependents: N/A

Employer: Department of Mental Health (alleged)

Address: 02-159108

Additional Party: Second Injury Fund

Department of Labor and Industrial

Injury: 02-159108

Insurer: Self-Insured

Hearing Date: September 19, 2007

Relationship: 2002-159108

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: June 6, 2002 (alleged)
5. State location where accident occurred or occupational disease was contracted: St. Louis County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? No
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? No
10. Was employer insured by above insurer? Self-Insured
11. Describe work employee was doing and how accident occurred or occupational disease contracted:

Claimant alleged that the employer sent a letter to the claimant falsely and intentionally claiming that the claimant was an employee of this employer and that the employment relationship had been previously terminated.

1. Did accident or occupational disease cause death? No Date of death? N/A
2. Part(s) of body injured by accident or occupational disease: None

1. Nature and extent of any permanent disability: None
2. Compensation paid to-date for temporary disability: None
3. Value necessary medical aid paid to date by employer/insurer? None

Employee: Theodis Brown Injury No.: 02-159107

1. Value necessary medical aid not furnished by employer/insurer? None
2. Employee's average weekly wages: Not determined
3. Weekly compensation rate: $\ 40.00
4. Method wages computation: Per statute

1. Amount of compensation payable:

None

1. Second Injury Fund liability: No

Total:

None

1. 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 N/A of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

On December 12, 2005, the claimant filed an incoherent claim for compensation alleging that he suffered an injury on

May 27, 2002. On the same date, he filed a claim for compensation alleging an injury on June 6, 2002. The claimant's employment with this employer terminated on May 27, 2002, according to the claimant's testimony. He testified that the employer sent him a letter on May 27, 2002, stating that the claimant was an employee of the employer. He testified that the employer sent him a letter on June 6, 2002, stating that the claimant was an employee of the employer. The claimant testified that his employment with this employer was terminated before the letters were written and sent. He testified that he suffered emotional distress from the occurrences. He testified that the claimant filed his claims against the employer before December 12, 2005, but the Division of Workers' Compensation lost his claims. He did not produce any copies of the purported claims nor did he produce any witnesses to corroborate his allegations. He offered into evidence a copy of a letter from the St. Louis County Board of Election Commissioners regarding elections for political committees.

The defense filed a timely answer asserting that the claims were barred by the statute of limitations, because the claims were filed over three years after the alleged injury. This claim is denied, because the claimant did not timely file his claim for compensation. The claimant filed his claim for compensation three and on half years after the alleged occurrence. The statute limiting the time to file workers' compensation claims for compensation is Section 287.430, RSMo 2000:

Except for a claim for recovery filed against the second injury fund, no proceedings for compensation under this chapter shall be maintained unless a claim therefor is filed with the division within two years after the date of injury or death, or the last payment made under this chapter on account of the injury or death, except that if the report of the injury or the death is not filed by the employer as required by Section 287.380, the claim for compensation may be filed within three years after the date of injury, death, or last payment made under this chapter on account of the injury or death. The filing of any form, report, receipt, or agreement, other than a claim for compensation, shall not toll the running of the periods of limitation provided in this section. The filing of the report of injury or death three years or more after the date of injury, death, or last payment made under this chapter on account of the injury or death, shall not toll the running of the periods of limitation provided in this section, nor shall such filing reactivate or

revive the period of time in which a claim may be filed. A claim against the second injury fund shall be filed within two years after the date of the injury or within one year after a claim is filed against an employer or insurer pursuant to this chapter, whichever is later. In all other respects the limitations shall be governed by the law of civil actions other than for the recovery of real property, but the appointment of a conservator shall be deemed the termination of the legal disability from minority or disability as defined in chapter 475, RSMo. The statute of limitations contained in this section is one of extinction and not of repose.

The claimant testified that he filed the claim before the date stamped on the document, but the Division of Workers' Compensation lost the claim. However, he offered no evidence to prove his allegation. He did not offer a copy of the claim for compensation with a date stamp on it. He did not produce testimony from the file clerk that allegedly received the claim. He did not even state the dated that he allegedly filed the claim. The claimant offered no corroboration beyond his own self-serving testimony.

Based on the evidence presented, the claim for compensation is denied, because it is barred for failure to timely file a claim for compensation under Section 287.430, RSMo 2000.

Date: $\qquad Made by: \qquad$

EDWIN J. KOHNER

Administrative Law Judge

Division of Workers' Compensation

A true copy: Attest:

Injury No.: 05-131153

Employee: Theodis Brown

Employer: St. Louis County Government (Alleged)

Insurer: Self-Insured

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Voluntarily Dismissed)

Date of Accident: November 18, 2005 (Alleged)

Place and County of Accident: St. Louis 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 November 20, 2007, and awards no compensation in the abovecaptioned case.

The award and decision of Administrative Law Judge Edwin J. Kohner, issued November 20, 2007, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 10th day of March 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

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: November 18, 2005 (alleged)
5. State location where accident occurred or occupational disease was contracted: St. Louis County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? No
7. Did employer