Michael Bennett v. Noranda Aluminum

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 July 3, 2008. The award and decision of Administrative Law Judge Lawrence C. Kasten, issued July 3, 2008, 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 22nd day of December 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Employee: Michael Bennett

Injury No. 03-021251

Dependents: N/A

Employer: Noranda Aluminum

Additional Party: Second Injury Fund

Insurer: Self Insured Noranda Aluminum c/o TPA Sedgwick Claims Management Services

Hearing Date: Commenced November 28, 2008

Checked by: LK/kh

Completed April 4, 2008

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? March 4, 2003.
5. State location where accident occurred or occupational disease contracted: New Madrid County, Missouri.
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? Self-Insured.
11. Describe work employee was doing and how accident happened or occupational disease contracted: The employee

fell 15-20 feet onto a concrete floor.

1. Did accident or occupational disease cause death? No.
2. Parts of body injured by accident or occupational disease: Right shoulder; left shoulder, right elbow, body as a

FINDINGS OF FACT AND RULINGS OF LAW

On November 28, 2007, the employee, Michael Bennett, appeared in person and by his attorney, Phil Barkett, for a hearing for a final award. The employer Noranda Aluminum, Inc. was represented at the hearing by its attorney, Larry Rost. Also present for the employer was Angie Moore, the employer’s Director of Nursing. The Second Injury Fund was represented by Assistant Attorney General, Frank Rodman. Southeast Missouri Hospital had filed a direct medical fee dispute in the case. The notice of the hearing was sent both to Southeast Missouri Hospital and their attorney. No on appeared at the hearing on behalf of Southeast Missouri Hospital. At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with the findings of fact and rulings of law, are set forth below as follows:

UNDISPUTED FACTS

on April 4, 2008.)

1. Medical records of Silver Springs Pain Management Center (The record was left open for the employer to obtain a certified copy of these records. This exhibit was admitted into evidence on April 4, 20