FINAL AWARD ALLOWING COMPENSATION (Modifying Award and Decision of Administrative Law Judge)

Employee:	Michael Deveraux
Employer:	OMNI Cart Services, Inc.
Insurer:	Uninsured
Additional Party:	Treasurer of Missouri as Custodian of Second Injury Fund (Open)
This workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. ${ }^{1}$ We have reviewed the evidence and considered the whole record and we find 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, except as modified herein. Pursuant to § 286.090 RSMo, we issue this final award and decision modifying the January 14, 2011, award and decision of the administrative law judge solely as to permanent partial disability. We adopt the findings, conclusions, decision, and award of the administrative law judge to the extent that they are not inconsistent with the findings, conclusions, decision, and modifications set forth below.The administrative law judge recites page 2, item 19 of his Award that employee’s weekly compensation rate is "$408.00/408.00." The administrative law judge used 408.00 as employee’s weekly permanent total disability rate when he calculated employee’s disfigurement and permanent partial disability benefits.The parties agree that the weekly rate at which employee’s disfigurement and permanent partial disability benefits should be calculated is $354.05, the maximum weekly permanent partial disability rate payable for the period July 1, 2004 to June 30, 2005. See § 287.190 RSMo and Form WC-110-2 (06-10).We modify the administrative law judge’s award of permanent partial disability benefits. We agree that employer/insurer shall pay to employee 20 weeks of permanent partial disability benefits for disfigurement but we reduce the compensation awarded for disfigurement to 7,081.00. { }^{2}$ We agree that employer/insurer shall pay to employee 138.77 weeks of permanent partial disability benefits but we reduce the compensation awarded for permanent partial disability benefits to 49,124.44. { }^{3}$ Employer’s total liability for permanent partial disability benefits is $56,205.44.In all other respects, we affirm and adopt the award of the administrative law judge.

^{1} Statutory references are to the Revised Statutes of Missouri 2000, unless otherwise indicated. ^{2} $354.05 X 20 weeks = $7,081.00. ^{3} $354.05 X 138.75 weeks = $49,124.44.

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We further approve and affirm 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 7TH day of April 2011.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

Michael Deveraux v. OMNI Cart Services, Inc.

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