James Fonville v. Fulton State Hospital

Decision date: September 14, 2016Injury #10-06007216 pages

Summary

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Fonville for injuries sustained on July 30, 2010 while restraining unruly clients at Fulton State Hospital. The employee was awarded permanent total disability benefits of $366.60 per week for life, along with medical benefits and reimbursements for related expenses.

Archive Notice

This archive contains published Missouri Labor and Industrial Relations Commission workers' compensation decisions reproduced for research convenience. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

Related Legal Help

Practical guidance for this decision

Workers' Compensation Medical Malpractice Personal Injury

Third-Party Injury Check

This workers' comp decision may point to a separate injury claim.

A driver, contractor, property owner, or equipment company may share fault.
The injury involved a vehicle, unsafe premises, defective equipment, or a non-employer vendor.
A serious injury or death may need both benefits review and civil-claim analysis.

Review A Third-Party Claim Read The Injury Claim Guide

Caption

FINAL AWARD ALLOWING COMPENSATION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 10-060072

Employee: James Fonville

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 April 28, 2016. The award and decision of Administrative Law Judge Robert J. Dierkes, issued April 28, 2016, 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 $\qquad 14^{\text {th }} \qquad$ day of September 2016.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

John J. Larsen, Jr., Chairman

James G. Avery, Jr., Member

Curtis E. Chick, Jr., Member

Attest:

AWARD

Employee: James Fonville

Injury No. 10-060072

Dependents:

Employer: Fulton State Hospital

Address: 17000 W. 1st Street, New York 11, NY 10580

Address: 17000 W. 1st Street, New York 12, NY 10580

Address: 17000 W. 1st Street, New York 10026

FINDINGS OF FACT AND RULINGS OF LAW

Are any benefits awarded herein? Yes.
Was the injury or occupational disease compensable under Chapter 287? Yes.
Was there an accident or incident of occupational disease under the Law? Yes.
Date of accident or onset of occupational disease: July 30, 2010.
State location where accident occurred or occupational disease was contracted: Callaway County, Missouri.
Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes.
Did employer receive proper notice? Yes.
Did accident or occupational disease arise out of and in the course of the employment? Yes.
Was claim for compensation filed within time required by Law? Yes.
Was employer insured by above insurer? Employer is self-insured.
Describe work employee was doing and how accident occurred or occupational disease contracted: Employee injured his neck and left shoulder restraining unruly clients and catching a client who was falling in a bathroom.
Did accident or occupational disease cause death? No. Date of death? N/A.
Part(s) of body injured by accident or occupational disease: Left shoulder, cervical spine.
Nature and extent of any permanent disability: Permanent total disability
Compensation paid to-date for temporary disability: $\ 39,068.99.
Value necessary medical aid paid to date by employer/insurer? $\ 170,563.78.
Value necessary medical aid not furnished by employer/insurer? $\ 202.63.

Employee's average weekly wages: $\ 549.92.
Weekly compensation rate: $\ 366.60.
Method wages computation: Stipulation.

Employer liability:

Employer is ordered to pay Claimant weekly permanent total disability benefits of $\ 366.60 per week beginning October 29, 2013 for Claimant's lifetime.

Employer is ordered to pay Claimant the additional sum of $\ 202.63 for reimbursement of prescription medication charges.

Employer is ordered to pay Claimant the sum of $\ 2,463.40 for additional mileage reimbursement.

Employer is also ordered to provide Claimant with future medical benefits to cure and relieve Claimant from the effects of the work-related injury, pursuant to Section 287.140. RSMo..

Second Injury Fund liability:

None.

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

The compensation awarded to the 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:

Van Camp Law Firm, LLC

FINDINGS OF FACT AND RULINGS OF LAW

Employee: James Fonville

Injury No. 10-060072

Dependents:

Employee: Fulton State Hospital

Address: 201 E. 1st Street, New York 11, N.Y. 105801

Address: 201 E. 2nd Street, New York 11, N.Y. 105802

Address: 201 E. 2nd Street, New York 11, N.Y. 105803

Address: 201 E. 2nd Street, New York 11, N.Y. 105804

Address: 201 E. 2nd Street, New York 11, N.Y. 105805

Address: 201 E. 2nd Street, New York 11, N.Y. 105806

Address: 201 E. 2nd Street, New York 11, N.Y. 105807

Address: 201 E. 2nd Street, New York 11, N.Y. 105808

Address: 201 E. 2nd Street, New York 11, N.Y. 105809

Address: 201 E. 2nd Street, New York 11, N.Y. 105810

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New York 11, N.Y. 105817

Address: 201 E. 2nd Street, New York 11, N.Y. 105818

Address: 201 E. 2nd Street, New York 11, N.Y. 105819

Address: 201 E. 2nd Street, New York 11, N.Y. 105811

Address: 201 E. 2nd Street, New York 11, N.Y. 105812

Address: 201 E. 2nd Street, New York 11, N.Y. 105813

Address: 201 E. 2nd Street, New York 11, N.Y. 105814

Address: 201 E. 2nd Street, New York 11, N.Y. 105815

Address: 201 E. 2nd Street, New York 11, N.Y. 105816

Address: 201 E. 2nd Street, New Y

Full decision text continues in the plain-text archive copy.

Related Decisions

Swindle v. Alton Construction LLC(2021)

December 17, 2021#14-071392

affirmed

The Commission affirmed the ALJ's award finding the employee sustained a significant work-related shoulder and neck injury while using a sledgehammer, but was not permanently and totally disabled. The employee was awarded 50% permanent partial disability to the body as a whole, plus 9% for psychological conditions, six weeks of disfigurement compensation, and open future medical benefits.

shoulder and neck8,835 words

Workers' Compensation

Banks v. Bridgford Foods(2008)

July 9, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Joseph Banks, who sustained injuries to both shoulders and his cervical spine in a motor vehicle accident on September 13, 2000 while working. The employee was found to have permanent total disability with benefits payable by the Second Injury Fund.

shoulder and neck5,979 words

Workers' Compensation