Michael Deters v. Boeing Company

Injury No.: 14-091486

Employee: Michael Deters

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benefits from the Second Injury Fund—accrued on the date that employee reached maximum medical improvement. This conclusion by the administrative law judge was correct under the relevant and controlling case law.

Specifically, in the case of Jim Plunkett, Inc. v. Ard, 499 S.W.3d 333, 339 (Mo. App. 2016), the court considered the question when an injured worker's right to permanent disability benefits must be deemed to have "accrued." Id. at 338-39. Consulting prior case law, and observing that the degree of permanent disability associated with an injury cannot be determined until the injury reaches the point where it will no longer improve with medical treatment, the court confirmed that an employee's right to payment of weekly benefits for permanent disability "accrues at the time [the employee] reaches maximum medical improvement," and not at any other time. Id. There are a number of other appellate decisions reaching the same result. See, e.g., Cardwell v. Treasurer of Mo., 249 S.W.3d 902, 910 (Mo. App. 2008) and Cantrell v. Baldwin Transp., Inc., 296 S.W.3d 17, 20 (Mo. App. 2009).

Our courts have also consistently declared the fact an employee receives some earnings during a particular time period is not preclusive of an award of permanent total disability benefits during the same time period. See, e.g., Brashers v. Treasurer of the State As Custodian of the Second Injury Fund, 442 S.W.3d 152 (Mo. App. 2014); Abt v. Miss. Lime Co., 388 S.W.3d 571 (Mo. App. 2012); Molder v. Mo. State Treasurer, 342 S.W.3d 406 (Mo. App. 2011); and Brown v. Treasurer of Missouri, 795 S.W.2d 479 (Mo. App. 1990).

Turning to the parties' Memorandum of September 22, 2017, we note that they do not, therein, specifically address the date of maximum medical improvement. The parties now agree, however, that permanent total disability benefits should commence from the Second Injury Fund on May 29, 2015, "when Claimant was found to be PTD[.]" Memorandum, page 1. The question presently before us is whether we are able to give effect to the parties' agreement, or whether it constitutes an attempt to fix a legal conclusion for which there is no support in the law.

[S]tipulations of fact are generally binding in Missouri. Although stipulations are controlling and conclusive and courts are bound to enforce them, they are to be viewed with an eye toward what they were designed to accomplish. Also, a stipulation may not be invoked to fix a conclusion of law. ... [T]he Commission [is] not bound by any stipulation which [is] clearly contrary to the actual facts and which would result in a manifest injustice.

Bull v. Excel Corp., 985 S.W.2d 411, 415-19 (Mo. App. 1999).

On the other hand, we are mindful of the public policy favoring resolution of disputed claims via compromise, and we are generally inclined to give effect to parties' voluntary settlement of legitimately justiciable disputes, wherever possible.

In accordance with the principle that the law favors a compromise, the Legislature intended to and did preserve to the parties in compensation cases their right to make voluntary agreements of settlement with the approval of the commission, and such a contract once made is just as inviolable as any other valid agreement. The integrity of valid contracts should not be impaired, and there is nothing in the compensation law or elsewhere to justify any action inimical to contractual rights.

Brown v. Corn Prods. Ref. Co., 55 S.W.2d 706, 710 (1932).

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: November 19, 2014
5. State location where accident occurred or occupational disease was contracted: St. Louis, 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? Yes.
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee was employed as a SMAR for Employer and injured his left elbow while using a vice.
12. Did accident or occupational disease cause death? No.
13. Part(s) of body injured by accident or occupational disease: Left elbow.
14. Nature and extent of any permanent disability: 15 % permanent partial disability to the left elbow.
15. Compensation paid to-date for temporary disability: $\ 0
16. Value necessary medical aid paid to date by employer/insurer? \$4,229.49

1. Value necessary medical aid not furnished by employer/insurer? N/A.
2. Employee's average weekly wages: $\ 1,520.80
3. Weekly compensation rate: $\$ 861.04 / \ 451.02
4. Method wages computation: By agreement of the parties.

1. Amount of compensation payable: Against Employer previously settled.
2. Second Injury Fund liability: Yes

Permanent total disability benefits from Second Injury Fund:

Weekly differential (\410.02) payable by SIF for 31.5 weeks beginning January 13, 2015 and thereafter \ 861.04 per week for Claimant's lifetime or until modified by law.

TOTAL: TO BE DETERMINED

1. Future requirements awarded:

Said payments to begin 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 attorney, James S. Haupt, for necessary legal services rendered to the claimant.

Employee: Michael Deters

Injury No.: 14-091486

Dependents: N/A

Employer: Boeing Company

Additional Party: Second Injury Fund

Insurer: Sedgwick CMS

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: LJB

The matter of Michael Deters ("Claimant") proceeded to hearing to determine the liability of the Second Injury Fund ("SIF"). Attorney James S. Haupt represented Claimant. Assistant Attorney General Da-Niel Cunningham represented the Second Injury Fund. Boeing Company ("Employer") previously settled its risk of liability and