Edward James v. Jetz Service Company, Inc.

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 07-048235

Employee: Edward James

Employer: Jetz Service Company, Inc.

Insurer: Hartford Casualty Insurance Company

This workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by $\S 287.480$ RSMo. Having read the briefs, reviewed the evidence, and considered the whole record, we find that the award of the administrative law judge allowing compensation is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law. Pursuant to $\S 286.090$ RSMo, we affirm the award and decision of the administrative law judge.

After the hearing of this claim, the administrative law judge awarded permanent partial disability against employer/insurer. This claim was heard at the same time as the claim in Injury No. 07-063925, wherein the administrative law judge awarded permanent total disability. Although employer/insurer identified both claims on its Application for Review, the three points in employer/insurer's Application for Review all allege error with the administrative law judge's award of permanent total disability. Employer/insurer preserved nothing for our review regarding this award.

We 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.

The August 29, 2011, award and decision of Administrative Law Judge Emily S. Fowler is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 5^{\text {th }} \qquad$ day of March 2012.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

James Avery, Member

Curtis E. Chick, Jr., Member

Attest:

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 07-063925

Employee: Edward James

Employer: Jetz Service Company, Inc.

Insurer: Hartford Casualty Insurance Company

This workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by $\S 287.480$ RSMo. Having read the briefs, reviewed the evidence, and considered the whole record, we find that the award of the administrative law judge allowing compensation is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law. Pursuant to § 286.090 RSMo, we affirm the award and decision of the administrative law judge with one minor correction.

Item number 11 on page 1 of the award is in error. It is corrected to read:

1. Describe work employee was doing and how accident occurred or occupational disease contracted:

While in the course and scope of his employment, employee lifted a tool box with tools in it when he felt his right elbow pop and he felt a pull in his right groin.

In all other respects, we affirm and adopt the award of the administrative law judge.

We 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.

The August 29, 2011, award and decision of Administrative Law Judge Emily S. Fowler is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this $\qquad 5^{\text {th }} \qquad$ day of March 2012.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

James Avery, Member

Curtis E. Chick, Jr., Member

Attest: