Michael Skinner v. Donnie W. Morgan d/b/a D & M Development, LLC

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 29, 2007
5. State location where accident occurred or occupational disease was contracted: BARRY 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? UNINSURED
11. Describe work employee was doing and how accident occurred or occupational disease contracted:

CLAIMANT WAS WORKING ON A ROOF TRUSS WHEN HE FELL FROM THE STRUCTURE CAUSING THE INJURIES COMPLAINED OF

1. Did accident or occupational disease cause death? NO
2. Part(s) of body injured by accident or occupational disease: BODY AS A WHOLE INCLUDING HEAD AND NEUROLOGICAL SYSTEM
3. Nature and extent of any permanent disability: 15 PERCENT BODY AS A WHOLE
4. Compensation paid to-date for temporary disability: -0 -
5. Value necessary medical aid paid to date by employer/insurer? -0 -

1. Value necessary medical aid not furnished by employer/insurer? $\ 254,708.20
2. Employee's average weekly wages: $\ 320.00
3. Weekly compensation rate: $\ 213.33
4. Method wages computation: Stipulated

1. Amount of compensation payable:

Unpaid medical expenses: $\ 254.708 .20

6 3/7 weeks of temporary total disability (or temporary partial disability)

9/29/07 through 11/12/07 totaling $\mathbf{\$ 1 , 3 7 1 . 4 1}$

permanent partial disability from Employer - 15\% body as a whole totaling \$12,799.80

-0 - weeks of disfigurement from Employer

1. Second Injury Fund liability: YES -- \254,708.20 past medical

Total: \ 268,879.41

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

Employee: Michael Skinner

Injury No. 07-117620

Dependents: N/A

Employer: Donnie W. Morgan, d/b/a D \& M Development, LLC

Hearing Date: January 29, 2009

A. Medical records - Cox Medical Center/Barry County Ambulance

B. Medical records - Cox Medical Center

C. Medical records - Ferrell-Duncan Clinic

D. Medical records - Springfield Neurological \& Spine Institute

E. Medical Bills with summary

F. Affidavit of Amy Frank, Division of Workers' Compensation, Insurance Section, Proof of Coverage

G. Certified copy of the Articles of Incorporation of D\&M Development LLC from Missouri Secretary of State

1. The parties stipulated that the accident occurred in Cassville, Barry County, Missouri and that the proper venue is in the Joplin Adjudication Office.

1. Whether on or about September 29, 2007, Donnie Morgan, doing business as D\&M Development, LLC, was an employer operating under the provisions of the Missouri Workers' Compensation laws;
2. Whether on or about September 29, 2007, Michael D. Skinner was an employee of Donnie Morgan, doing business as D\&M Development, LLC, and was working under the provisions of the Missouri Workers' Compensation laws;
3. Whether Employer had notice of the alleged injury and whether the Claim for Compensation was filed within the time prescribed by law;
4. Whether on September 29, 2007 Claimant sustained an accident arising out of and in the scope and course of his employment with Donnie Morgan, doing business as D\&M Development, LLC;
5. Whether the Claimant's average weekly wage is $\ 320.00, and the appropriate compensation rate for weekly benefits is $\ 213.33 for temporary total disability and $\ 213.33 for permanent partial disability benefits;
6. Whether Claimant is entitled to past medical benefits of $\ 254,708.20;
7. Whether Claimant is entitled to temporary total disability benefits from the period of September 29, 2007 through November 12, 2007, representing 6 3/7 weeks, for compensation totaling \$1,371.41;
8. The Employer's liability for the nature and extent of Claimant's permanent partial disability; and
9. Liability of the Second Injury Fund for uninsured benefits pursuant to RSMo. §287.230(5).

A hearing was held on January 29, 2009, before the Honorable Karen Fisher. Certified notice was sent to all parties. Claimant appeared in person and was represented by Jeffrey C. Goodnight. Employer failed to

appear. An additional employer, T.J. Buck, was dismissed by the claimant prior to the introduction of evidence. The Second Injury Fund was represented by Christina Hammers.

This claim centers upon an accident whereby claimant fell from a roof structure while he working on a truss, which occurred on September 29, 2007. Michael Skinner (hereinafter "Skinner") was working as a laborer for Donnie Morgan, d/b/a D \& M Development, LLC (hereinafter "Morgan"). Skinner sustained a serious injury and was hospitalized until November 12, 2007.

Skinner fell from a roof structure on September 29, 2007. This fall occurred when he was working on a roof truss. He fell on a concrete slab and landed on his head. He sustained a Class 1 trauma from this fall and sustained a skull and rib fracture. Immediately following the fall, Skinner was taken by ambulance to the Cassville, Missouri, airport where he was taken by life flight to Cox Medical Center in Springfield, Missouri.

Upon admission to Cox Medical Center, Skinner was put on ventilation tube and remained unconscious until October 10, 2007. Thereafter, Skinner made gradual progress and was discharged on October 29, 2007. Dr. Charles Dunn noted the following diagnoses upon discharge:

1. Left basilar skull fracture with a small amount of pneumocephalus;
2. Left parietal skull fracture;
3. Evidence of contusions of the left hemisphere without evidence of epidural, subdural, and no significant midline shift;
4. Left pneumothorax and pulmonary contusion; and,
5. Left third and fourth rib fractures.

Dr. Dunn released Skinner to in-patient treatment at Cox Walnut Lawn, under the care of Dr. Rusty Bond.

Skinner stayed at the Cox Walnut Lawn facility from October 29, 2007, through November 12, 2007. Dr. Dunn noted a traumatic brain injury with a Glasgow Coma Scale of eight upon his admission. While he was at Cox Walnut Lawn Skinner made steady improvement. He was able to achieve independent skills with his activities of daily living. He was given discharge instructions to avoid using heavy equipment, driving, and he would require 24 hour supervision. He was to follow up with Dr. Dunn and Dr. Bond.

Skinner testified that he improved rapidly upon his discharge. He was able to care for himself and was able to ambulate well immediately following his discharge. He and his fiancée moved to Dallas, Texas, to be closer to her family. He is now working in Dallas, Texas.

Skinner testified that he began working for Morgan shortly before his fall. He had originally worked for T.J. Buck as a laborer, but started working for Morgan. Skinner testified that Morgan picked him up at his home in Garfield, Arkansas, and transported him to the job sites. He was compensated $\ 8.00 per hour and worked 40 hours per week, generally, for Morgan. At the time of his injury, Morgan was the general contractor for a repair job to the Cassville Bowling Alley, and to build a shop at the home of the owner of the Cassville Bowling Alley. According to the testimony of Skinner, Morgan's jobs were all construction related.

Skinner testified that he was injured on September 29, 2007, while working on the roof of the owner of the Cassville Bowling Alley. He testified that he was attaching a truss to the roof when the truss shifted causing him to fall from the structure. He testified that he recalls the fall, but nothing after the fall until he was at Cox Medical Center in Springfield, Missouri.

Skinner testified that he was in the hospital and made gradual progress. He recalled being transferred to Cox Walnut Lawn, a rehabilitation hospital, and was there for a period time. He testified that he made good progress at Cox Walnut lawn and was able to perform his activities of daily living. He was discharged on November 12, 2007.

Upon his discharge, Skinner testified that he made rapid progress at home. He did not follow up with his doctors. He testified that he felt well and didn't want to follow up with the doctors. Skinner further testified that he has made good improvement but has noticed that he fatigues quicker than he did prior to the accident. He testified that he also has some pain and soreness, difficulty breathing with exertion, and is confused easily following the injury. Despite this, Skinner testified he feels he is able to work as a laborer, although he does not have the stamina that he did prior to the accident.

T.J. Buck appeared in person. He testified that he was not the employer of Skinner on the day of his accident. He testified that he was a subcontractor for framing and dry wall jobs in the Cassville, Missouri, and Garfield, Arkansas, areas. He subcontracted for Morgan, among others. He had employed Skinner, but Skinner started working directly for Morgan shortly before his accident.

T.J. Buck was present at the jobsite on the day in question. He was present when the fall occurred and helped with Skinner's evacuation to Cox Medical Centers. T.J. Buck testified that Skinner was working in the roof of the structure attaching a truss when it shifted and Skinner fell from the roof to a concrete slab.

David Moore appeared in person and testified. David Moore is T.J. Buck's brother-in-law and works with T.J.