Jasper Hall v. Dallas County
Decision date: May 17, 201319 pages
Summary
The Commission affirmed the administrative law judge's award allowing the widow of a deceased employee to receive lifetime permanent total disability benefits under Schoemehl v. Treasurer of State. The Second Injury Fund's argument that divestment provisions should apply to limit these benefits was rejected based on controlling precedent from Spradling v. Treasurer of Missouri.
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Caption
| FINAL AWARD ALLOWING COMPENSATION (Affirming Award and Decision of Administrative Law Judge with Supplemental Opinion) | |
| Employee: | Jasper Hall, deceased |
| Dependent/Substitute Party: | Sandra Hall, widow |
| Employer: | Dallas County (Settled) |
| Insurer: | MAC/c/o Gallagher Bassett Services (Settled) |
| Additional Party: | Treasurer of Missouri as Custodian of Second Injury Fund |
| This workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. Having read the briefs, reviewed the evidence, heard the parties’ arguments, 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 this supplemental opinion.On appeal before this Commission, the Second Injury Fund argues that the administrative law judge erred in awarding benefits underSchoemehl v. Treasurer of State, 217 S.W.3d 900 (Mo. 2007) to employee’s dependent. The Second Injury Fund argues that the divestment provisions applicable to death benefits under § 287.240(4) RSMo are applicable here and that they preclude a lifetime award of benefits underSchoemehlto employee’s dependent. The Second Injury Fund asks that we modify the administrative law judge’s findings to provide that benefits underSchoemehlare subject to revocation under § 287.240(4).We write this supplemental opinion to note the decision by the Missouri Court of Appeals, Southern District, inSpradling v. Treasurer of Missouri, SD31907 (April 24, 2013). There, the court addressed an appeal arguing that the Commission erred in awarding permanent total disability benefits underSchoemehlto a deceased employee’s dependents “for life.”Id. at pg. *3. The Court determined that the Commission did not err becauseSchoemehl “require[s] compensation be paid for permanent total disability not only over the lifetime of [the employee], but also over the lifetime of any of his surviving dependents.”Id. at pg. *8.We conclude that the holding inSpradling is dispositive of the argument raised by the Second Injury Fund, herein. In light of the holding inSpradling, we will not disturb the administrative law judge’s award granting weekly permanent total disability benefits underSchoemehlto Sandra Hall for her lifetime. | |
| Conclusion | |
| We affirm and adopt the award of the administrative law judge as supplemented, herein. |
The award and decision of Administrative Law Judge Victorine R. Mahon, issued June 13, 2011, is attached and incorporated by this reference.
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.
Given at Jefferson City, State of Missouri, this $17^{\text {th }}$ day of May 2013.
LABOR AND INDUSTRIAL RELATIONS COMMISSION
V A C A N T
Chairman
CONCURRING OPINION FILED
James Avery, Member
Curtis E. Chick, Jr., Member
Attest:
Secretary
I write this concurring opinion to voice my agreement with certain of the views expressed by Presiding Judge Gary W. Lynch in the Spradling case. Writing separately, Judge Lynch drew attention to the absurdity of providing lifetime benefits under the Missouri Workers' Compensation Law to the family of an employee whose death has nothing to do with work, where the same family would receive far less compensation if the employee had died as a result of the work injury:
One of the two rationales stated in Schoemehl ... was to prevent the "unreasonable result" of allowing surviving dependents to receive permanent partial disability benefits but not permanent total disability benefits. Schoemehl v. Treasurer of State, 217 S.W.3d 900, 903 (Mo. banc 2007). I write separately to lament that our constitutional obligation to follow Schoemehl, MO. CONST. art. V, § 2 (1945), now requires this Court to affirm what I consider to be the unreasonable result of awarding lifetime benefits to surviving dependents where the employee's death was unrelated to the work injury, when the surviving dependents would have only received benefits during the time of their dependency if the employee's death had been caused by the work injury.
Spradling v. Treasurer of Missouri, SD31907 (April 24, 2013) (Lynch, P.J., concurring) at pg. *15.
Before issuance of the Spradling decision, I was of the belief that Gervich v. Condaire, Inc., 370 S.W.3d 617 (Mo. 2012) and White v. Univ. of Mo., 375 S.W.3d 908 (Mo. App. 2012) provided ample authority for reading § 287.240(4) RSMo in such a way as to prevent the unreasonable result identified by Judge Lynch. But in light of the holding in Spradling, which I agree is dispositive of the issue whether the divestment provisions under § 287.240(4) are applicable to an award of Schoemehl benefits, I must reluctantly join in the decision to affirm the administrative law judge's award of lifetime permanent total disability benefits to employee's dependent.
James Avery, Member
| Employee: | Jasper Hall (deceased) | Injury No. 02-055352 |
| Dependents: | Sandra Hall – sole dependent & substituted party | Before the DIVISION OF WORKERS’ COMPENSATION |
| Employer: | Dallas County (settled) | Department of Labor and Industrial Relations of Missouri |
| Additional Party: | Treasurer of the State of Missouri, as Custodian of the Second Injury Fund | Jefferson City, Missouri |
| Insurer: | MAC / Gallagher Bassett Services (settled) | |
| Hearing Date: April 7, 2011 | Checked by: VRM/ps | |
| FINDINGS OF FACT AND RULINGS OF LAW | ||
| 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: March 21, 2002. | |
| 5. | State location where accident occurred or occupational disease was contracted: Dallas 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 the time required by law? Yes. | |
| 10. | Was employer insured by above insurer? Yes. | |
| 11. | Describe work employee was doing and how accident occurred or occupational disease contracted: Claimant injured his neck while cutting tree limbs. | |
| 12. | Did accident or occupational disease cause death? No. Date of death? N/A. | |
| 13. | Part(s) of body injured by accident or occupational disease: Neck. |
Issued by Missouri Division of Workers' Compensation
Employee: Jasper Hall (deceased) Injury No.: 02-055352
- Nature and extent of any permanent disability: Settled as to Employer/Insurer. PTD as against the Second Injury Fund.
- Compensation paid to-date for temporary disability: None.
- Value necessary medical aid paid to date by employer/insurer? $\ 300.00.
- Value necessary medical aid not paid by employer/insurer? Not applicable.
- Employee's average weekly wages? $\ 336.24.
- Weekly compensation rate: $\ 224.16.
- Method of computation: By stipulation.
COMPENSATION PAYABLE
- Amount of compensation payable: Settled as against Employer and its Insurer.
- Second Injury Fund liability:
For accrued permanent total disability benefits, the sum of $\ 224.16 for 306 weeks.
TOTAL: $\mathbf{\$ 6 8 , 5 9 2 . 9 6 .}$
- Future requirements:
Beginning April 8, 2011, and continuing for the remainder of Sandra Hall's life, the Second Injury Fund shall pay $\ 224.16 each week as permanent total disability benefits.
The compensation awarded shall be subject to a lien in the amount of 25 percent of all payments in favor of the following attorney for necessary legal services rendered to Claimant: John Wise.
Issued by Missouri Division of Workers’ Compensation
Employee: Jasper Hall (deceased)
FINDINGS OF FACT AND RULINGS OF LAW
Employee: Jasper Hall (deceased)
Dependents: Sandra Hall – sole dependent & substituted party
Employer: Dallas County (settled)
Additional Party: Treasurer of the State of Missouri, as Custodian of the Second Injury Fund
Insurer: MAC / Gallagher Bassett Services (settled)
Hearing Date: April 7, 2011
INTRODUCTION
The undersigned Administrative Law Judge conducted a final hearing in this case on April 7, 2011, in Springfield, Missouri. The claim against the employer and its insurer settled prior to the hearing. The hearing was held to determine the extent of any liability against the Second Injury Fund. Attorney, John Wise, appeared with his client, Sandra Hall (Claimant). Assistant Attorney General Susan Colburn represented the Treasurer of Missouri as Custodian of the Second Injury Fund of Missouri. Following the close of evidence, the parties were invited to file proposed awards.
STIPULATIONS
The parties stipulated that Claimant sustained a work related injury while employed by Dallas County on March 21, 2002. Claimant was a covered employee at the time of the injury and his employer was subject to the workers’ compensation law. Claimant’s average weekly wage was 336.24, yielding a permanent partial disability rate of 224.16 and a permanent total disability rate of $224.16. There is no dispute as to notice, statute of limitations, jurisdiction, venue, or course and scope of employment.
Injury No. 02-055352
Before the
DIVISION OF
WORKERS’
COMPENSATION
Department of Labor and
Industrial Relations of
Missouri
Jefferson City, Missouri
Checked by: VRM/ps
ISSUES
The parties agree that the sole issues are whether the Second Injury Fund has any liability and the extent of that liability. Claimant alleges that employee, Jasper Hall, was permanently and totally disabled as against the Second Injury at the time of his death.
EXHIBITS
The following exhibits were admitted on behalf of Claimant:
A. Order substituting Sandra Hall as Claimant in place of the deceased employee, Jasper Hall
B. Stipulation for Compromise Settlement 02-055352
C. Deposition of Jasper Hall
D. Deposition of Dr. Robert Paul
E. Medical Records - Clarke Orthopedic Clinic
F. Independent Medical Examination - Dr. Jeffrey Woodward
G. Medical Records - Springfield Neurological \& Spine Institute
H. Medical Records - Citizens Memorial Hospital
I. Medical Records - Breech Medical Center
J. Medical Records - Smith-Glynn-Callaway Clinic
K. Chiropractic Records - Dr. Howell
L. Medical Records - Physical Medicine and Rehabilitation
M. Medical Records - Lebanon Internal Medicine
N. Medical Records - Cox Medical Center
O. Medical Records - Harry S. Truman Veterans Hospital
P. A copy of the Claim for Compensation
Q. Answer of the Second Injury Fund
R. Curriculum Vitae - Phillip Eldred
S. Report - Phillip Eldred
No exhibits were offered or admitted on behalf of the Second Injury Fund
FINDINGS OF FACT
Jasper Hall (Employee) died on March 7, 2011, at the age of 56 years. The Certificate of Death reflects that Mr. Hall died from causes unrelated to his occupational injury of March 21, 2002. That document reflects that he passed away from post obstructive pneumonia and adenocarcinoma. An order substituting as claimant his surviving spouse, Sandra Hall, was signed by Administrative Law Judge Mahon on March 25, 2011.
Issued by Missouri Division of Workers' Compensation
Employee: Jasper Hall (deceased)
Imjury No.: 02-055352
Ms. Hall testified at the hearing in this matter. She testified that she and Mr. Hall were married on November 15, 1975. She confirmed that he passed away from causes unrelated to
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