Central McClellion v. Kansas City Chiefs

Improve: Central McClellion

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hospital benefits to or for the employee or his dependents on account of the injury, disability, or death, pursuant to the provisions of the contract.

There is no dispute that the Kansas City Chiefs is an "[e]mployer of professional athletes under contract." Under the statute, there is no dispute that the employer "shall be entitled to a full credit for wages or benefits paid to the employee after the injury including, medical, surgical or hospital benefits paid to or for the employee or his dependents on account of the injury, disability or death, pursuant to the provisions of the contract." § 287.270 RSMo. (emphasis added).

The only appellate decision in Missouri since the professional athlete section was added to § 287.270 RSMo is Dubinsky v. St. Louis Blues Hockey Club, 229 S.W.3d 126 (Mo. App. 2007). In Dubinsky, the Missouri Court of Appeals for the Eastern District held:

The language of § 287.270 is plain and unambiguous, and no statutory construction is necessary. The Missouri Legislature created an exception for professional athletes under a contract, and gave the Employer of such athletes a credit for 'wages or benefits' paid to the athlete 'after the injury.' There is no limitation or qualification to this credit in the statute.

Id. at 131. (emphasis added).

The parties in this case stipulated that employer paid $105,667.35 in medical benefits. This was paid "pursuant to the provisions of the contract." Section 287.270 RSMo and Dubinsky clearly provide that this amount should be included in the total credit given employer against the workers' compensation benefits owed.

For the foregoing reasons, we find that employer is entitled to a "full credit" against the Workers' Compensation benefits awarded to employee for the 101,967.41 in wages paid and the 105,667.35 in medical benefits paid pursuant to the contract.

Also, contrary to the ALJ's finding, we find that the afore-mentioned employer credit should be applied against the award of future medical.

In Dubinsky, the Court quotes with approval the administrative law judge's award as follows:

This specific Missouri statute [§ 287.270] intentionally creates a credit on the Employer's behalf for those wages paid out to a claimant who is a professional athlete pursuant to their employment contract after the injury. The credit is used to offset all benefits related to the compensation the employee would otherwise be entitled to receive under the Workers' Compensation Act. Thus, so long as a professional athlete claimant's first injury wages exceed the benefits the athlete would otherwise receive (following the work injury), the athlete/claimant is not entitled to additional Workers' Compensation benefits....

Dubinsky, 229 S.W.3d at 129 (emphasis added).

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Improve: Central McClellion

In summary, Dubinsky stands for the proposition that $\S 287.270$ RSMo gives the employer a "full credit for wages or benefits paid ... pursuant to the provisions of the contract" against all workers compensation benefits, explicitly including "medical expenses."

For the foregoing reasons, we modify the ALJ's decision and find that employer is entitled to a "full credit" for the $\ 101,967.41 in wages paid and the $\ 105,667.35 in medical benefits paid pursuant to the contract. This full credit shall be applied against all Workers' Compensation benefits awarded to employee in relation to the May 3, 2002, injury, including future medical care.

The award and decision of Administrative Law Judge Lisa Meiners, as modified, is attached and incorporated by reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fees 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 $29^{\text {th }}$ day of March 2011.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Employee: Central McClellion

Injury No. 02-046057

Dependents: N/A

Employers: Kansas City Chiefs

Insurers: TIG Insurance Company

Additional Party: N/A

Hearing Date: June 25, 2010

Checked by: LM/cy

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: May 3, 2002
5. State location where accident occurred or occupational disease was contracted: Kansas City, Missouri.
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
7. Did accident or occupational disease arise out of and in the course of the employment? Yes.
8. Was claim for compensation filed within time required by Law? Yes.
9. Was employer insured by above insurer? Yes.
10. Describe work employee was doing and how accident occurred or occupational disease contracted: On May 3, 2002, Claimant sustained injury of the low back and right hip during a scrimmage.
11. Did accident or occupational disease cause death? No. Date of death? N/A
12. Part(s) of body injured by accident or occupational disease: Right hip and low back.
13. Nature and extent of any permanent disability: 13 % permanent partial disability body as a whole; 20 % permanent partial disability of the right hip.
14. Compensation paid to-date for temporary disability: Received full wages but employer/insurer is entitled

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Central McClellion

Injury No. 02-046057

to credit at the rate of weekly disability benefits the employer would have paid. Claimant was temporarily

totally disabled.

1. Value necessary medical aid paid to date by employer/insurer? $105,667.35

1. Value necessary medical aid not furnished by employer/insurer? N/A

1. Employee's average weekly wages: N/A

1. Weekly compensation rate: Maximum $628.90/$329.42

1. Method wages computation: Stipulation.

**COMPENSATION PAYABLE**

1. Amount of compensation payable:

20% permanent partial disability of the right hip .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................