Ronald Lawrence v. Southwestern Bell Telephone LP
Decision date: December 1, 2015Injury #05-0425391 pages
Summary
The Missouri Court of Appeals reversed the Commission's prior award, and on remand, the Commission awarded Ronald A. Lawrence II permanent total disability benefits from the Second Injury Fund beginning July 14, 2006. Benefits are payable at a differential rate of $321.85 weekly for 50 weeks, then $675.90 weekly for life, subject to a 25% attorney lien.
Caption
| FINAL AWARD ALLOWING COMPENSATION (After Mandate from the Missouri Court of Appeals for the Western District) | |
| Employee: | Ronald A. Lawrence II |
| Employer: | Southwestern Bell Telephone LP (Settled) |
| Insurer: | Self-Insured (Settled) |
| Additional Party: | Treasurer of Missouri as Custodian of Second Injury Fund |
| On July 28, 2015, the Missouri Court of Appeals, Western District, issued an opinion reversing the August 26, 2014, award and decision of the Labor and Industrial Relations Commission (Commission).Lawrence v. Treasurer of Mo.-Custodian of the 2nd Injury Fund, WD77998 (July 28, 2015). By mandate dated September 23, 2015, the Court confirmed its decision to reverse the Commission’s award and decision and remanded this matter to the Commission for further proceedings consistent with the Court’s opinion. | |
| Pursuant to the Court’s mandate, we issue this award. Our prior award and decision of August 26, 2014, is hereby set aside. Employee is entitled to permanent total disability benefits from the Second Injury Fund beginning on the date of maximum medical improvement as identified by Dr. Koprivica of July 14, 2006, at the differential weekly benefit rate of $321.85 for 50 weeks, and thereafter at the stipulated weekly permanent total disability benefit rate of $675.90. The weekly payments shall continue for employee’s lifetime, or until modified by law. This award is subject to a lien in favor of David W. Whipple, Attorney at Law, in the amount of 25% for necessary legal services rendered. Any past due compensation shall bear interest as provided by law. Given at Jefferson City, State of Missouri, this 1st day of December 2015. | |
| LABOR AND INDUSTRIAL RELATIONS COMMISSION | |
| John J. Larsen, Jr., Chairman | |
| James G. Avery, Jr., Member | |
| Curtis E. Chick, Jr., Member | |
| Attest: | |
| Secretary |