Ernest Hallock v. Professional Management Group, Inc.

(Affirming Award and Decision of Administrative Law Judge)

Injury No. 12-047298

Employee: Ernest Hallock

Employer: Professional Management Group, Inc. (Settled)

Insurer: Travelers Property \& Casualty Company (Settled)

Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds 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. Pursuant to § 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated December 31, 2014. The award and decision of Administrative Law Judge Vicky Ruth, issued December 31, 2014, is attached and incorporated by this reference.

The Commission further approves and affirms 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 $14^{\text {th }}$ day of May 2015.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

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: June 4, 2012.
5. State location where accident occurred or occupational disease was contracted: Miller County, Missouri.
6. Was above employee in the employ of above employer at the time of the 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 occurred or occupational disease contracted: Claimant was using a drill when the drill bit caught, injuring his right hand.
12. Did accident or occupational disease cause death? No. Date of death? N/A.
13. $\operatorname{Part}(\mathrm{s})$ of body injured by accident or occupational disease: right hand and trigger finger injury.
14. Nature and extent of any permanent disability: 30 % of the right hand at the level of the wrist.
15. Compensation paid to-date for temporary disability: $\ 10,408.89.
16. Value necessary medical aid paid to date by employer/insurer? $\ 42,515.30.
17. Value necessary medical aid not furnished by employer/insurer? N/A.

1. Employee's average weekly wages: N/A.
2. Weekly compensation rate: $\ 233.23.
3. Method of wages computation: By agreement.

1. Amount of compensation payable from employer: Previously settled.
2. Second Injury Fund liability: Yes, for permanent total disability benefits of $\ 233.23 per week beginning April 27, 2014, and continuing for Claimant's lifetime or until modified pursuant to statute.
3. Future medical awarded: N/A.

Said payments to begin immediately and to be payable and subject to modification and review as provided by law.

The compensation awarded to Claimant shall be subject to a lien in the amount of 25 % of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: Evan Porter/Timothy McDuffey, McDuffey Law Firm, LLC.

Employee: Ernest Hallock

Injury No. 12-047298

Dependents: N/A

Employer: Professional Management Group, Inc. (SETTLED)

Insurer: Travelers Property \& Casualty Company (SETTLED)

Hearing Date: September 29, 2014

On September 29, 2014, Ernest Hallock (the claimant) and the Second Injury Fund appeared in Jefferson City, Missouri, for a final award hearing regarding the Second Injury Fund claim in three separate cases: Injury Nos. 11-111535, 12-047298, and 12-106201. A separate award will be issued in each case. Claimant was represented by attorney Evan Porter. The Second Injury Fund was represented by attorney Brian Herman; Attorney David McCain observed on behalf of the Fund. Claimant testified in person at the hearing as well as by deposition. Dr. David Volarich, Mr. Michael Dreiling, and Mr. James England testified by deposition. The parties submitted briefs on or about October 22, 2014, and the record closed at that time.

The parties stipulated to the following:

1. On or about October 24, 2011, Ernest Hallock (the claimant) was an employee of Professional Management Group (the employer) when he allegedly sustained an injury by accident to his low back and upper back. This accident occurred while Claimant was working in the course and scope of his employment with employer.
2. The employer was operating subject to the provisions of Missouri Workers' Compensation Law.
3. In October 2011, the employer's liability for workers' compensation was insured by Commerce and Industry Insurance Company, in care of AIG Claims, Incorporated.
4. The Missouri Division of Workers' Compensation has jurisdiction and venue in Miller County is proper. For trial purposes, venue is also proper in Jefferson City, Missouri.
5. Notice is not an issue.
6. Claimant filed a Claim for Compensation within the time prescribed by law.
7. Claimant's compensation rate is $\ 295.08 for permanent partial disability benefits and permanent total disability benefits.

1. No medical aid was provided.
2. No temporary total disability benefits were provided.

1. On or about January 18, 2012, Ernest Hallock (the claimant) was an employee of Professional Management Group, Incorporated (the employer) when he allegedly sustained an injury by occupational disease to his left hand and left finger. (trigger finger).
2. The employer was operating subject to the provisions of Missouri Workers' Compensation Law.
3. In January 2012, the employer's liability for workers' compensation was insured by Commerce and Industry Insurance Company in care of AIG Claims, Incorporated.
4. The employer was operating subject to the provisions of Missouri Workers' Compensation Law.
5. The employer's liability for workers' compensation was insured by Commerce and Industry Insurance Company, in care of AIG Claims, Incorporated.
6. The Missouri Division of Workers' Compensation has jurisdiction and venue in Miller County is proper. For trial purposes, venue is also proper in Jefferson City, Missouri.
7. Notice is not an issue.
8. Claimant filed a Claim for Compensation within the time prescribed by law.
9. Claimant's compensation rate of $\ 194.87 for permanent partial disability benefits and permanent total disability benefits.
10. No medical aid was provided.
11. No temporary total disability benefits were provided.

1. On or about June 4, 2012, Ernest Hallock (the claimant) was an employee of Professional Management Group, Incorporated (the employer) when he sustained an injury by accident to his right hand and right finger.
2. The Missouri Division of Workers' Compensation has jurisdiction and venue in Miller County is proper. For trial purposes, venue is also proper in Jefferson City, Missouri.
3. The employer was operating subject to the provisions of Missouri Workers' Compensation Law.
4. At the time of the June 2012 injury, the employer's liability for workers' compensation was insured by Travelers Property and Casualty Company.
5. Notice is not an issue.
6. Claimant filed a Claim for Compensation within the time prescribed by law.
7. Claimant's compensation rate was $\ 233.23 for permanent partial disability benefits and permanent total disability benefits.
8. Claimant reached maximum medical improvement on April 22, 2013.
9. Medical aid was provided in the amount of $\ 42,515.30.
10. Temporary total disability was provided in the amount of $\ 10,408.89, representing approximately 44 and $4 / 7$ th weeks of benefits. The period of temporary total disability benefits ended when the employee was released on April 22, 2013.

The parties agreed that the issues to be resolved are as follows:

Injury No. 11-111535

1. Accident or occupational disease arising out of and in the course of employment;
2. Nature and extent of any permanent partial disability.
3. Second Injury Fund liability, if any.

1. Accident or occupational disease arising out of and in the course of employment;
2. Nature and extent of any permanent partial disability.
3. Second Injury Fund liability, if any.

1. Alleged permanent total disability, or
2. Nature and extent of permanent partial disability.
3. Second Injury Fund liability, if any.

On behalf of Claimant, the following exhibits were entered into evidence:

Exhibit 1 Medical records from Lake Regional Hospital.

Exhibit 2 Medical records from Lake Regional Hospital.

Exhibit 3 Medical records from Dr. Christopher Leslie.

Exhibit 4 Medical records from Surgical Institute of Lake of the Ozarks.

Exhibit 5 Medical records from Surgical Institute of Lake of the Ozarks.

Exhibit 6 Medical records from Dr. Christopher Leslie.

Exhibit 7 Medical records from Advanced Radiology.

Exhibit 8 Medical records from Dr. David Brown.

Exhibit 9 Medical records from Barnes Care.

Exhibit 10 Medical records from Lake Regional Hospital.

Exhibit 11 Medical records from Occupational Medicine Clinic.

Exhibit 12 Medical records from Osage Beach Cardiology.

Exhibit 13 Medical records from Dr. Mark Shen.

Exhibit 14 Medical records from Lake Regional Cardiovascular Institute.

Exhibit 15 Medical records from St. Mary's Clinic - Lake Ozark.

Exhibit 16 Medical records from Dr. Osvaldo Acosta-Rodriquez.

Exhibit 17 Deposition and report of Dr. Volarich.

Exhibit 18 Deposition and report of Michael Dreiling.

Exhibit 19 Stipulation for Compromise Settlement, Injury No. 11-111535.

Exhibit 20 Stipulation for Compromise Settlement, Injury No. 12-106201.

Exhibit 21 Stipulation for Compromise Settlement, Injury No. 12-047298.

Exhibit 22 Amended Claim for Compensation, Injury No. 11-111535.

Exhibit 23 Amended Claim for Compensation, Injury No. 12-106201.

Exhibit 24 Amended Claim for Compensation, Injury No. 12-047298.

On behalf of the Second Injury Fund, the following exhibits were entered into evidence:

Exhibit A Deposition of Claimant, Ernest Hallock.

Exhibit B Deposition and report of James England.

Note: All marks, handwritten notations, highlighting, or tabs on the exhibits were present at the time the documents were admitted into evidence. All depositions were admitted subject to any objections contained therein. Unless noted otherwise, the objections are overruled.

Based on the above exhibits, the stipulations, and the testimony presented at the hearing, I make the following findings:

1. Claimant was born on January 4, 1061. On the date of the hearing, he was 53 years of age. Claimant lives in Camdenton, Missouri.
2. Claimant made it through the ninth grade but he did not finish high school. He never obtained any additional education, certifications, or formal training. He testified that he is not able to use a computer.
3. Claimant's work history includes raising cattle on his grandfather's farm, working in the construction field, helping a friend build a Tiki bar in Mexico, and va