Billy Styles v. Fulton State Hospital

(Affirming Award and Decision of Administrative Law Judge)

Injury No. 10-062547

Employee: Billy Styles

Employer: Fulton State Hospital

Insurer: Self-Insured

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 15, 2014. The award and decision of Chief Administrative Law Judge Robert J. Dierkes, issued December 15, 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 $28^{\text {th }}$ 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:

Employee: Billy Styles

Injury No. 10-062547

Dependents:

Employer: Fulton State Hospital

Additional Party: Second Injury Fund

Insurer: Self-Insured

Hearing Date: September 24, 2014

Before the

DIVISION OF WORKERS'

COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: RJD/njp

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: August 10, 2010.
5. State location where accident occurred or occupational disease was contracted: Fulton, Callaway 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? Employer is self-insured.
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee was assaulted by a client.
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: Body as a whole.
14. Nature and extent of any permanent disability: Employee is permanently and totally disabled.
15. Compensation paid to-date for temporary disability: $\ 54,111.19.
16. Value necessary medical aid paid to date by employer/insurer? $\ 63,642.10.
17. Value necessary medical aid not furnished by employer/insurer? $\ 880.93.

Employee: Billy Styles

Injury No. 10-062547

Dependents:

Employee: Fulton State Hospital

Address: 201117, 11000 W. 7th Street, New York 12, N.Y. 105702

Address: 201117, 11000 W. 7th Street, New York 10, N.Y. 105703

Address: 201117, 11000 W. 7th Street, New York 10, N.Y. 105702

Address: 201117, 11000 W. 7th Street, New York 10, N.Y. 105703

These six cases (Injury Nos. 09-110831, 09-110885, 10-091705, 10-062547, 10-087903 and 11-015559) were consolidated for hearing. The evidentiary hearing was held on September 24, 2014 in Jefferson City. Claimant, Billy Styles, appeared personally and by counsel, Douglas Van Camp and Elizabeth Skinner; Employer, Fulton State Hospital, appeared by counsel, Assistant Attorneys General Colette Neuner, Brian Herman and David McCain; the Second Injury Fund appeared by counsel, Assistant Attorney General Joye Hudson. The parties requested leave to file post-hearing briefs, which leave was granted. The case was submitted on October 24, 2014.

In Injury No. 09-110831, the parties stipulated as follows:

1. That the Missouri Division of Workers' Compensation has jurisdiction over this case;
2. That venue for the evidentiary hearing is proper in Callaway County and adjoining counties, including Cole County;
3. That the claim for compensation was filed within the time allowed by the statute of limitations, Section 287.430, RSMo;
4. That both Employer and Employee were covered under the Missouri Workers' Compensation Law at all relevant times;
5. That Claimant's average weekly wage is $\ 1256.12, resulting in compensation rates of $\ 772.53 for temporary total disability benefits and permanent total disability benefits and $\ 404.66 for permanent partial disability benefits;
6. That Claimant, Billy Styles, sustained an accident arising out of and in the course of his employment with Fulton State Hospital on May 11, 2009;
7. That Employer was self-insured for Missouri Workers' Compensation purposes at all relevant times; and
8. That Employer has paid no benefits in this case.

In Injury No. 09-110831, the hearing was held to decide the following issues:

1. Whether the notice requirement of Section 287.420, RSMo, shall serve as a bar to the claim for compensation;
2. Whether Employer's failure to raise the notice defense in the Answer precludes Employer from raising lack of notice as an issue at the hearing;
3. Employer's liability, if any, for permanent partial disability benefits;
4. The liability, if any, of the Second Injury Fund for permanent partial disability benefits; and
5. Employer's liability, if any, for future medical benefits.

In Injury No. 09-110885, the parties stipulated as follows:

1. That the Missouri Division of Workers' Compensation has jurisdiction over this case;
2. That venue for the evidentiary hearing is proper in Callaway County and adjoining counties, including Cole County;
3. That the claim for compensation was filed within the time allowed by the statute of limitations, Section 287.430, RSMo;
4. That both Employer and Employee were covered under the Missouri Workers' Compensation Law at all relevant times;
5. That Claimant's average weekly wage is $\ 1467.03, resulting in compensation rates of $\ 807.48 for temporary total disability benefits and permanent total disability benefits and $\ 422.97 for permanent partial disability benefits;
6. That Claimant, Billy Styles, sustained an accident arising out of and in the course of his employment with Fulton State Hospital on September 4, 2009;
7. That Employer was self-insured for Missouri Workers' Compensation purposes at all relevant times; and
8. That Employer has paid no benefits in this case.

In Injury No. 09-110885, the hearing was held to decide the following issues:

1. Whether the notice requirement of Section 287.420, RSMo, shall serve as a bar to the claim for compensation;
2. Whether Employer's failure to raise the notice defense in the Answer precludes Employer from raising lack of notice as an issue at the hearing;
3. Employer's liability, if any, for permanent partial disability benefits;
4. The liability, if any, of the Second Injury Fund for permanent partial disability benefits; and
5. Employer's liability, if any, for future medical benefits.

In Injury No. 10-091705, the parties stipulated as follows:

1. That the Missouri Division of Workers' Compensation has jurisdiction over this case;
2. That venue for the evidentiary hearing is proper in Callaway County and adjoining counties, including Cole County;
3. That the claim for compensation was filed within the time allowed by the statute of limitations, Section 287.430, RSMo;
4. That both Employer and Employee were covered under the Missouri Workers' Compensation Law at all relevant times;
5. That Claimant's average weekly wage is $\ 1500.00, resulting in compensation rates of $\ 799.11 for temporary total disability benefits and permanent total disability benefits and $\ 418.58 for permanent partial disability benefits;
6. That Claimant, Billy Styles, sustained an accident arising out of and in the course of his employment with Fulton State Hospital on July 9, 2010;
7. That Employer was self-insured for Missouri Workers' Compensation purposes at all relevant times; and
8. That Employer has paid no benefits in this case.

In Injury No. 10-091705, the hearing was held to decide the following issues:

1. Whether the notice requirement of Section 287.420, RSMo, shall serve as a bar to the claim for compensation;
2. Whether Employer's failure to raise the notice defense in the Answer precludes Employer from raising lack of notice as an issue at the hearing;
3. Employer's liability, if any, for permanent partial disability benefits;
4. The liability, if any, of the Second Injury Fund for permanent partial disability benefits; and
5. Employer's liability, if any, for future medical benefits.

In Injury No. 10-062547, the parties stipulated as follows:

1. That the Missouri Division of Workers' Compensation has jurisdiction over this case;
2. That venue for the evidentiary hearing is proper in Callaway County and adjoining counties, including Cole County;
3. That the claim for compensation was filed within the time allowed by the statute of limitations, Section 287.430, RSMo;
4. That both Employer and Employee were covered under the Missouri Workers' Compensation Law at all relevant times;

1. That Claimant's average weekly wage is $\ 1446.00, resulting in compensation rates of $\ 799.11 for temporary total disability benefits and permanent total disability benefits and $\ 418.58 for permanent partial disability benefits;
2. That Claimant, Billy Styles, sustained an accident arising out of and in the course of his employment with Fulton State Hospital on August 10, 2010;
3. That the notice requirement of Section 287.420 does not serve as a bar to the claim for compensation;
4. That Employer was self-insured for Missouri Workers' Compensation purposes at all relevant times; and
5. That Employer has paid medical benefits of $\ 63,642.10 and temporary total disability ("TTD") benefits of $\ 54,111.19.

In Injury No. 10-062547, the hearing was held to decide the following issues:

1. Employer's liability, if any, for permanent partial disability benefits or permanent total disability benefits;
2. The liability, if any, of the Second Injury Fund for permanent partial disability benefits or permanent total disability benefits;
3. Employer's liability, if any, for future medical benefits;
4. Employer's liability, if any, for payment of TTD benefits for the period of August 23, 2011 through March 20, 2012;
5. Employer's liability, if any, for reimbursement to Claimant of medical charges for past medical treatment;
6. Whe