John Weavers v. Missouri Department of Corrections

Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION

(Affirming Award and Decision of Administrative Law Judge)

Injury No.: 16-031643

Employee: John B. Weavers

Employer: Missouri Department of Corrections

Insurer: Central Accident Reporting Office

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 September 4, 2018, and awards no compensation in the above-captioned case.

The award and decision of Chief Administrative Law Judge Victorine Mahon, issued September 4, 2018, is attached and incorporated by this reference.

Given at Jefferson City, State of Missouri, this 27th day of March 2019.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Curtis E. Chick, Jr., Member

Attest:

Secretary

Issued by Missouri Division of Workers' Compensation

Claimant: John B. Weavers

Injury No. 16-031643

1. Value necessary medical aid not furnished by employer/insurer? None.

1. Claimant's average weekly wages: 765.95.

1. Weekly compensation rate: 510.62 (TTD)/$464.58 (PPD).

1. Method wages computation: By agreement.

**COMPENSATION PAYABLE**

1. Amount of compensation payable: None.

1. Second Injury Fund liability: None.

**TOTAL: NONE.**

1. Future requirements awarded: None.

Issued by Missouri Division of Workers' Compensation

Claimant: John B. Weavers

Injury No.: 16-031643

**FINDINGS OF FACT and RULINGS OF LAW:**

**Dependents:** Not applicable

**Employer:** Missouri Department of Corrections

**Additional Party:** Not applicable

**Insurer:** Central Accident Reporting Office

**Hearing Date:** July 11, 2018

**Injury No.:** 16-031643

**Before the DIVISION OF WORKERS' COMPENSATION**

Department of Labor and Industrial Relations of Missouri

Jefferson City, Missouri

**Insurer:** Central Accident Reporting Office

**Hearing Date:** July 11, 2018

**Checked by:** VRM/va

**INTRODUCTION**

The undersigned Administrative Law Judge conducted a hearing in this case on July 11, 2018. Claimant John B. Weavers appeared in person and with his attorney Kevin Spears. Employer Missouri Department of Corrections and the Central Accident Reporting Office appeared by attorney Cara Harris. The parties were afforded an opportunity to submit briefs on or before July 25, 2018. Although this proceeding was set as a hardship hearing, Employer requested that if the administrative law judge determined the dispositive issues in Employer's favor, the decision be designated as a Final Award. That request was granted.

**STIPULATIONS and ISSUES**

The parties entered into the following stipulation of facts and narrowed the issues, as follows:

1. Employer, a qualified self-insured entity, was operating under and subject to the provisions of the Missouri Workers' Compensation Act on the date of the alleged injury.
2. On or about April 12, 2016, Claimant was an employee of the State of Missouri, Department of Corrections and subject to the Missouri Workers' Compensation Act.
3. The claim was filed within the time allowed by law.
4. Claimant's average weekly wage is 765.95, resulting in a wage rate of 510.62 for temporary total disability and the maximum rate of $464.58 for permanent partial disability.
5. Employer furnished no medical aid and no temporary disability benefits.

The parties further stipulated that the issues to be resolved by hearing are as follows:

MNKOI 0001632198

Issued by Missouri Division of Workers' Compensation

Claimant: John B. Weavers

Injury No. 16-031643

(1) Did Claimant sustain an occupational disease?

(2) Did the alleged occupational disease arise out of and in the scope and course of employment with Employer?

(3) Is the alleged occupational disease medically causally related to Claimant's work for Employer?

(4) Is Employer liable for medical aid to cure and relieve the effects of Claimant's occupational disease?

In addition to his testimony, Claimant offered the following exhibits, which were admitted:

- Exhibit 1 Deposition, reports and CV of Dr. Bruce Schlafly

- Exhibit 2 Certified medical records from TCMH Family Clinic

- Exhibit 3 VCLF Expenses

- Exhibit 4 VCLF Contingent Fee Agreement

- Exhibit 5 Addendum Report of Dr. Bruce Schlafly dated May 29, 2018

Employer offered the following exhibits which were admitted:

- Exhibit A Deposition and reports of Dr. David Brown

- Exhibit B Report of Dr. Shawn Kutnik dated December 11, 2017

- Exhibit C Photograph of the door to MVE

- Exhibit D Photograph of the door handle to MVE

- Exhibit E Photograph of a metal storage container with padlock

- Exhibit F Photograph of a wooden storage container with padlock and keys

- Exhibit G Photograph of a padlock with keys

- Exhibit H Protective order

- Exhibit I Deposition of Claimant dated March 15, 2017

The undersigned made no markings to any exhibit.

John B. Weavers (Claimant) is in his mid-fifties. He has worked nearly 30 years for the Missouri Department of Corrections. He began his career as a correctional officer in Jefferson City at the Missouri State Prison. He has worked at the South Central Correctional Center (SCCC) since 2000. Since 2003, he has worked in the Missouri Vocational Enterprises (MVE) section within SCCC. MVE operates as a furniture factory at the correctional facility and employs inmates to build or repair furniture used by the agencies of the State of Missouri and its employees. In addition to his work at SCCC, Claimant worked as a clerk at a retail store.

Issued by Missouri Division of Workers' Compensation

Claimant: John B. Weavers

Injury No. 16-031643

For the Department of Corrections, Claimant generally worked 40 hours per week, consisting of 4 days a week, 10 hours per day. Throughout his workday, Claimant pushed open heavy doors, unlocked or locked various doors, padlocks, toolboxes, and other fastened containers. During his career he would often strip search as many as 123 inmates multiple times in a day. Recently, however, there were only 67 inmates working in MVE, and the searches now generally were pat-downs whenever an inmate set-off a metal detector. Claimant noticed numbness and tingling in his hands, particularly at work, beginning in 2012.

Inmate Searches

Prior to 2012, Claimant was required to conduct strip searches off all inmates entering and exiting the MVE factory. The inmates entered a room three at a time. Each one would strip off all of their clothing. Claimant and typically another officer would search all of the clothing, which included wringing each piece of clothing thoroughly to check for contraband. Claimant testified that each search, including an inmate's clothing and shoes, took at least two minutes. When the searches were completed, the three offenders dressed, proceeded into the work area, and three more offenders would enter the dress-out room. The process continued until all 123 offenders had been searched. Claimant contended that the process was completed within one hour. This is mathematically impossible if the each search actually took at least two minutes and there were more than 100 inmates. Claimant had no explanation for this phenomenon during cross-examination.

After each inmate was searched at the beginning of their assigned work shift, Claimant explained that there were additional searches beginning around 8:30 a.m. when inmates left the area for chapel or medical appointments. Then there was the lunch time when more searches would occur. Finally, at approximately 3:45 p.m., the correctional officers began the process of releasing the offenders from the MVE area for the day, which again required the strip search of all offenders as they left. Claimant's shift ended at 4:00 p.m. While there might be additional correctional officers to assist, Claimant did not explain how they were able to do the strip search of more than 100 people in only 15 minutes at the end of the day.

In response to the Prison Rape Elimination Act passed by Congress, Missouri prisons eliminated inmate strip searches sometime after 2012. For the last several years, correctional officers began relying on metal detectors and patdowns rather than strip searches. In deposition, Claimant said these were a "pretty intense pat search" which took about one minute each. The patdown search was completed every time an inmate exited the MVE area and whenever an inmate was unable to clear a metal detector upon arriving at the MVE factory (Ex. I, p. 27).

Locking/Unlocking Doors and Boxes

About 100 times per day Claimant unlocked and opened a heavy fire-type door to the MVE area, which he believed weighed about 250 pounds. He used a large square brass key with his right hand to unlock the door and his left hand or body to push it open. He also helped unlock tool boxes, including unlocking a large box that stored about 20 other toolboxes within the large box. When offenders left the area, he had to place I.D.s into a box which was locked and unlocked.

Issued by Missouri Division of Workers' Compensation

Claimant: John B. Weavers

Injury No. 16-031643

Claimant's duties also included completing paperwork with the aid of a computer. About once or twice per week he searched furniture to assure there was no contraband entering the correctional faci