David Spradling v. Russell Stover Candies, Inc. (d/b/a Smiley Container Corporation)

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accrued and become payable at the time of the death, and any accrued and unpaid compensation due the employee shall be paid to his dependents without administration, or if there are no dependents, to his personal representative or other persons entitled thereto, but the death shall be deemed to be the termination of the disability. (emphasis added).

Section 287.240(4) RSMo makes it clear that the detailed definitions are provided to determine an employee's "dependents" whenever necessary within Chapter 287 of the Revised Statutes of Missouri. In fact, the Missouri Supreme Court confirmed that § 287.240.4(b) applies to the entire workers' compensation chapter in *Schoemehl v. Treasurer of the State of Missouri*, 217 S.W.3d 900, 902 (Mo. App. 2007).

In this case, there is no dispute that on the date of employee's work accident and injury, September 3, 1998, employee was single and unmarried with three children under the age of 18: Lee Spradling (11 years old), Brittinee Spradling (6 years old), and Marinda Spradling (4 years old). We find, as the children's father, employee was legally liable for the support of said children. In accordance with § 287.240 RSMo, the children are employee's conclusively presumed total dependents and, therefore, we find that the ALJ's award is fully supported by the competent and substantial evidence.

The Commission affirms the award and decision of the ALJ, as supplemented herein.

The award and decision of Administrative Law Judge Carl Strange, issued June 22, 2011, is attached hereto and incorporated herein to the extent it is not inconsistent with this decision and award.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fees herein as being fair and reasonable.

We advise the parties that Division of Workers' Compensation (Division) records reveal that on various dates the Director of the Division mailed to necessary parties Notice(s) of Lien(s) on Workers' Compensation Benefits in accordance with § 454.517.5 RSMo. Consequently, this award may be subject to a lien or liens in favor of the Director of the Family Support Division, Missouri Department of Social Services pursuant to the provisions of §§ 454.517 and 287.260 RSMo.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this 9th day of February 2012.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

James Avery, Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

Employee: David Spradling (Deceased) Injury No. 98-105462

Dependents: Lee Spradling, Brittinee Spradling, and Marinda Spradling

Employer: Russell Stover Candies Inc. dba Smiley Container Corporation

Additional Party: Second Injury Fund

Insurer: Hartford Casualty Insurance Company

Hearing Date: February 18, 2011

Checked by: CS/rf

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 3, 1998.
5. State location where accident occurred or occupational disease contracted: Butler 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? Yes.
11. Describe work employee was doing and how accident happened or occupational disease contracted: Employee was lifting paper and pallets that caused injury to his low back.
12. Did accident or occupational disease cause death? N/A.

1. Parts of body injured by accident or occupational disease: Body as a Whole referable to his lumbar spine.
2. Nature and extent of any permanent disability: (See Findings).
3. Compensation paid to date for temporary total disability: $\ 619.06.
4. Value necessary medical aid paid to date by employer-insurer: $\ 3,006.24.
5. Value necessary medical aid not furnished by employer-insurer: N/A.
6. Employee's average weekly wage: $\ 234.00.
7. Weekly compensation rate:

$\ 156.00 for temporary total disability, permanent total disability, and permanent partial disability.

1. Method wages computation: By Agreement.
2. Amount of compensation payable: (See Findings).
3. Second Injury Fund liability: (See Findings).
4. Future requirements awarded: N/A.

Said payments shall be payable to Dependents (Lee Spradling, Brittinee Spradling and Marinda Spradling) as provided in the findings of fact and rulings of law, and shall be subject to modification and review as provided by law.

The compensation awarded to Dependents shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of Little, Schellhammer, Richardson \& Knowlan Law Offices, P.C. for necessary legal services rendered to the Dependents.

Employee, David Spradling, did not appear at the trial since he departed this life on November 30, 2005. Since his death, his three children Lee Spradling (dob 07/23/1986), Brittinee Spradling (dob 02/08/1991) and Marinda Spradling (dob 02/25/1993), have pursued their claim for benefits based on their father's work accident and injury as total dependents of Employee David Spradling pursuant to Section 287.230 RSMo. Prior to commencement of the final hearing, Dependents Lee Spradling, Brittinee Spradling and Marinda Spradling settled their claim for benefits against the Employer/Insurer.

On February 18, 2011, the employee's dependents, Brittinee Spradling and Marinda Spradling, appeared in person and by their attorneys, John Beaton and Sheila Rae Blaylock, for a hearing for a final award. The Second Injury Fund was represented at the hearing by its attorney, Assistant Attorney General Jonathan Lintner. 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.

1. On or about September 3, 1998, Russell Stover Candies Inc. dba Smiley Container Corporation was operating under and subject to the provisions of the Missouri Workers' Compensation Act and its liability was insured by Hartford Casualty Insurance Company.
2. The employee's claim was filed within the time allowed by law.
3. The employee's average weekly wage was $\ 234.00 and his rate for temporary total disability, permanent total disability, and permanent partial disability is $\ 156.00.
4. The employer has furnished $\ 3,006.24 in medical aid to employee.
5. The employer has paid temporary total disability benefits at a rate of $\ 156.00 per week for a total of $\ 619.06.

1. Covered Employee.
2. Accident.
3. Notice.
4. Statute of Limitations regarding Dependents' Claim.
5. Medical Causation.
6. Nature and Extent of Disability.
7. Liability of the Fund.
8. Dependency under Schoemehl.

The following exhibits were offered and admitted into evidence:

Dependents' Exhibits