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Christopher Baldwin v. Harley Davidson Motor Company

Decision date: February 17, 201193 pages

Summary

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Christopher Baldwin's alleged lower back injury from October 31, 2004. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri Workers' Compensation Law.

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This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

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This workers' comp decision may point to a separate injury claim.

  • A driver, contractor, property owner, or equipment company may share fault.
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Caption

FINAL AWARD DENYING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 04-114314

Employee: Christopher Baldwin

Employer: Harley Davidson Motor Company

Insurer: American Casualty Co. of Reading

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 Law. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated August 12, 2010, and awards no compensation in the above-captioned case.

The award and decision of Administrative Law Judge Robert B. Miner, issued August 12, 2010, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $17^{\text {th }}$ day of February 2011.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Issued by DIVISION OF WORKERS' COMPENSATIONRe: Injury No's: 04-114314, 05-102617 & 06-135712
Employee: Christopher Baldwin
AWARD
Employee: Christopher BaldwinInjury No.: 04-114314
Employer: Harley Davidson Motor Company
Additional Party: N/ABefore the
Division of Workers'
Insurer: American Casualty Co. of ReadingCompensation
Department of Labor and Industrial
Relations of Missouri
Hearing Dates: April 23, 2010 and June 24, 2010Checked by: RBM
FINDINGS OF FACT AND RULINGS OF LAW
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: Alleged: October 31, 2004.
5. State location where accident occurred or occupational disease was contracted: Alleged: Kansas City, Platte 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? No.
9. Was claim for compensation filed within time required by Law? Not determined.
10. Was employer insured by above insurer? Yes.
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee alleged injury to lower back from working with Dyna Press and lifting 20 pound tanks and pressing and stacking on cart.
12. Did accident or occupational disease cause death? No.
  1. Part(s) of body injured by accident or occupational disease: Alleged: lower back.
  2. Nature and extent of any permanent disability: None.
  3. Compensation paid to-date for temporary disability: None.
  4. Value necessary medical aid paid to date by employer/insurer? None.
  5. Value necessary medical aid not furnished by employer/insurer? None.
  6. Employee's average weekly wages: $\ 874.00.
  7. Weekly compensation rate: $\ 582.67 per week for temporary total disability and $\ 354.05 for permanent partial disability.
  8. Method wages computation: By agreement of the parties.

COMPENSATION PAYABLE

  1. Amount of compensation payable: None. Claimant's claim is denied.
  2. Second Injury Fund liability: None. The Second Injury Fund is not a party in this case.

TOTAL: None

  1. Future requirements awarded: None.

Claimant's entire claim is denied.

FINDINGS OF FACT and RULINGS OF LAW:

Employee: Christopher Baldwin Injury No's: 04-114314, 05-102617 \& 06-135712

Employer: Harley Davidson Motor Company

Additional Party: N/A

Insurer: American Casualty Co. of Reading

Hearing Dates: April 23, 2010 and June 24, 2010

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Checked by: RBM

PRELIMINARIES

A non-section 287.203, RSMo temporary hearing regarding Employee's request for medical benefits from Employer/Insurer in Injury Numbers 04-114314, 05-102617, and 06-135712 was held on April 23, 2010 in Riverside, Missouri. Employee, Christopher Baldwin, appeared in person and by his attorney, Patrick B. Starke. Employer, Harley Davidson Motor Company, and Insurer, American Casualty Co. of Reading appeared by their attorney, Samantha Benjamin House. The Second Injury Fund is not a party to these cases and was not represented at the hearing. Patrick B. Starke requested an attorney's fee of 25 % from all amounts awarded.

Prior to issuance of an award in connection with the April 23, 2010 hearing, Employee's attorney informed the Administrative Law Judge and Employer/Insurer's attorney by letter dated May 10, 2010 that Employee was no longer seeking a hardship medical benefit, and they would be filing for a final hearing in the near future. Employee's attorney filed Requests for Final Hearing in these cases on May 11, 2010. Pursuant to a conference call between the Administrative Law Judge and the attorneys for the parties on May 13, 2010, the parties agreed that a final hearing on Employee's claims be held on June 24, 2010 in Riverside, Missouri. The parties also agreed that the June 24, 2010 hearing should be considered a continuation of the April 23, 2010 hearing, and that the stipulations made and evidence admitted at the April 23, 2010 hearing should continue to be in effect and be a part of the record made in connection with the final hearing. This agreement was confirmed at the June 24, 2010 hearing.

A final hearing was held in these cases on Employee's claims against Employer/Insurer on June 24, 2010 in Riverside, Missouri. Employee, Christopher Baldwin, appeared in person and by his attorney, Patrick B. Starke. Employer, Harley

Davidson Motor Company, and Insurer, American Casualty Co. of Reading appeared by their attorney, Samantha Benjamin House.

STIPULATIONS

The parties stipulated to the following:

  1. On or about October 31, 2004, October 6, 2005, and November 27, 2006, Christopher Baldwin ("Claimant") was an employee of Harley Davidson Motor Company ("Employer") and was working under the provisions of the Missouri Workers' Compensation Law.
  2. On or about October 31, 2004, October 6, 2005, and November 27, 2006, Employer was an employer operating under the provisions of the Missouri Workers' Compensation Law and was fully insured by American Casualty Co. of Reading ("Insurer").
  3. Employer had notice of Claimant's alleged injuries.
  4. Claimant's alleged November 27, 2006 Claim for Compensation was filed within the time allowed by law.
  5. Venue for the hearings is proper in Riverside, Platte County, Missouri.
  6. The average weekly wage was $\ 874.00 and the rate of compensation for temporary total disability is $\ 587.67 per week in all three cases, and the rate of compensation for permanent partial disability is $\ 354.05 per week for Injury Number 04114314, $\ 365.08 per week for Injury Number 05-102617, and $\ 376.55 per week for Injury Number 06-135712.
  7. Employer/Insurer's attorney stated at the April 23, 2010 hearing that no compensation has been paid by Employer for temporary disability in any of these cases. ${ }^{1}$

[^0]

[^0]: ${ }^{1}$ On August 6, 2010, Claimant's attorney emailed a letter to the administrative law judge (with a copy shown sent via email to Employer/Insurer's attorney), that states:

1. Mr. Baldwin is not abandoning his request for additional medical treatment, his records, specifically from Dr. Wright dated 10-25-05 reflect that HD refused to provide him medical treatment so that he sought treatment elsewhere. Dr. Wright's note of 10-25-05 is part of the medical that was submitted to the court. I have scanned and attached a copy for your convenience.

Issued by DIVISION OF WORKERS' COMPENSATION Re: Injury No's: 04-114314, 05-102617 \& 06-135712 Employee: Christopher Baldwin

  1. Employer/Insurer's attorney stated at the April 23, 2010 hearing that no medical aid has been paid or furnished by Employer in any of these cases.

ISSUES

The parties agreed at the final hearing that there were disputes on the following issues: ${ }^{2}$

  1. Whether on or about October 31, 2004, October 6, 2005, and November 27, 2006, Claimant sustained injuries by accident or occupational disease arising out of and in the course of his employment for Employer.
  2. Mr. Baldwin states that the stipulation regarding temporary total disability is incorrect inasmuch as he was paid for one week of temporary total disability in the amount of $\ 532.51 from the injury sustained in 2004. A copy of his check is attached.
  3. Mr. Baldwin is seeking present and future medical inasmuch as HD refused to provide him treatment. He currently is pursuing treatment in Chicago with a urologist there.

Attached to the email was a copy of a check from CNA Insurance dated 11/8/04 in the amount of $\ 532.51 that references " 1 wk of TTD", and a copy of a medical record dated 10-25-05. The August 6, 2010 email, and August 6, 2010 letter, with referenced check and medical record have been marked, "Court's Exhibit 1."

${ }^{2}$ Claimant's proposed Award filed on July 9, 2010 identified the following issues to determine:

  1. Whether Claimant sustained an accident arising out of and in the course of employment?
  2. Whether the statute of limitations has run on the 2004 and 2005 claims?
  3. The nature and extent of Claimant's temporary total and permanent partial disability relating to any of the claims filed.

Claimant's amended proposed Award filed on July 27, 2010 identified the following issues to determine:

  1. Whether Claimant sustained an accident arising out of and in the course of employment?
  2. Whether the statute of limitations has run on the 2004 and 2005 claims, or whether such injuries are repetive [sic.]
  3. The nature and extent of Claimant's temporary total and permanent partial disability relating to any of the claims filed.
  1. Whether Claimant's current condition is medically causally related to the alleged work injuries of October 31, 2004, October 6, 2005, and November 27, 2006.
  2. Employer's liability for permanent partial disability benefits, including nature and extent of permanent partial disability.
  3. Whether Claimant's claims in Injury Numbers 04-114314 and 05-102617 were filed within the time prescribed by law and are barred by the statute of limitations.

Claimant testified in person. In addition, Claimant offered the following exhibits which were admitted in evidence without objection:

A-Dr. Douglas Rope report

B-Employer's medical Records

C- Employer's medical Records

D- Medical Records

E- Medical Records

F- Report of Injury for 2004 claim

G- Report of Injury for 2005 claim

H- Report of Injury for 2006 claim

I-Comparison of Tanks

J-Employee Incident Report

Employer offered the following exhibits which were admitted in evidence without objection:

1-Disability Insurance Application

2-Outpatient Admission

3-Gill Wright, M.D. Progress Note

4-James Carter, M.D. Progress Note

5-Internet Research "Causes"

The parties offered Joint Exhibit 1, copies of Workers' Compensation Reports of Injury, Claims for Compensation, and Answers to Claims for Compensation, which was admitted in evidence without objection.

Any objections not expressly ruled on during the hearing or otherwise in this award are now overruled. To the extent there are marks, tabs or highlights contained in the exhibits, those markings were made prior to being made part of the record, and were not placed thereon by the Administrative Law Judge.

A record was made at the April 23, 2010 hearing that Claimant's case in Injury Number 07-134329 was co

Full decision text continues in the plain-text archive copy.

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