Tommy Patrick v. Derek Mulvaney / Jerry Dierker Construction / City of Monett

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 16-056896

**Employee:** Tommy Patrick

**Employer/Insurer:** Derek Mulvaney/Uninsured

Jerry Dierker Construction

Missouri Employers Mutual Insurance Company

City of Monett

Missouri Rural Services Workers' Compensation Insurance Trust

**Health Care Provider:** Ozark Anesthesia Association (MFD 1602061)

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 February 19, 2020. The award and decision of Administrative Law Victoriac R. Mahon, issued February 19, 2020, 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 3rd day of December 2020.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

**Attest:**

Shalonn K. Curls, Member

**Secretary**

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: March 17, 2016.
5. State location where accident occurred or occupational disease was contracted: Monett, Lawrence County, Missouri.
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes as to Mulvaney Construction and as a statutory employee of the City of Monett.
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? Derek Mulvaney had no insurance. All other alleged employers had insurance.
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Employee was injured while using a saw to cut a piece of wood in the course and scope of his employment.
12. Did accident or occupational disease cause death? No. Date of death? Not applicable.
13. Part(s) of body injured by accident or occupational disease: Left hand.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

1. Nature and extent of any permanent disability: 25 percent of the left hand and 6 weeks disfigurement.
2. Compensation paid to-date for temporary disability: None.
3. Value necessary medical aid paid to date by employer/insurer? None.
4. Value necessary medical aid not furnished by employer/insurer? $\ 42,007.13.
5. Employee's average weekly wages: $\ 1,114.00.
6. Weekly compensation rate: $\ 464.58 for permanent partial disability.
7. Method wages computation: By agreement.

1. Amount of compensation payable:

For unpaid medical expenses:

$\ 42,007.13

For disfigurement:

(6 weeks $\times \$ 464.58)=

\ 2,787.48

For permanent partial disability:

43.75 weeks $\times \$ 464.58=

\ 20,325.38

(25 percent of the hand at the 175 -week level $=43.75 weeks)

TOTAL: \quad \ 65,119.99

1. Second Injury Fund liability: Not applicable.
2. Future requirements awarded:

Claimant shall receive future medical care to cure and relieve the effects of the work injury as discussed in the award.

The Direct Pay Medical Fee Dispute filed on behalf of Ozark Anesthesia in the amount of $\ 1,128.00 is hereby resolved in favor of the health care provider. From the $\ 42,007.13 in past medical bills, Ozark Anesthesia shall be paid $\ 1,128.00.

Derek Mulvaney is primarily liable. The City of Monett is secondarily liable and may proceed against Derek Mulvaney for reimbursement. Jerry Dierker and Jerry Dierker Construction are found not liable.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant: The Newman Law Firm, LLC.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

**Employee:** Tommy Patrick

**Dependents:** Not applicable

**Employer:** Derek Mulvaney, Jerry Dierker Construction, City of Monett, Missouri

**Additional Party:** Not applicable

**Insurer:** Missouri Employers Mutual (Dierker Construction), Missouri Rural Services Workers' Compensation (City of Monett)

**MFD:** 1602061

**Hearing Date:** December 2, 2019

**Injury No. 16-056896**

**Before the DIVISION OF WORKERS' COMPENSATION**

**Department of Labor and Industrial Relations of Missouri**

**Jefferson City, Missouri**

**Address:** 1602061

**Address:** 1602061

**Checked by:** VRM/ps

The undersigned Administrative Law Judge convened the Final Hearing in the above referenced case which concerns a work injury sustained on March 17, 2106. Tommy Patrick appeared in person and with his attorney, John Newman. No one appeared on behalf of the alleged employer Derek Mulvaney. There is no evidence of any insurance for Derek Mulvaney or his construction company. Attorney Ron Sparlin represented Dierker Construction and its insurer. Attorney Clinton Collier represented the City of Monett and its insurer. The Second Injury Fund is not a party to this claim. Counsel for the healthcare provider, which filed a direct pay medical fee dispute, advised the ALJ that it was unable to appear. The parties present at the hearing stipulated to the following:

1. On March 17, 2016, Claimant Tommy Patrick suffered an accidental injury which arose out of and in the course of his employment, and is medically and causally related to the work.

1. Claimant and alleged employers, Dierker Construction and the City of Monett, were protected by and subject to the Missouri Workers' Compensation Law.

1. On March 17, 2016, alleged employer Dierker Construction was fully insured by Missouri Employers Mutual Insurance Company and alleged employer City of Monett was fully insured by Missouri Rural Services Workers' Compensation. Alleged employer Derek Mulvaney was not insured on March 17, 2016.

1. Claimant's average weekly wage was 1,114.00, which is sufficient to yield a permanent partial disability rate of 464.58.

1. Claimant received no monies for medical treatment from any of the alleged employers or workers' compensation insurers.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

1. Claimant received no temporary total or temporary partial benefits.

1. The injury occurred in Monett, Lawrence County, Missouri. Venue was agreed upon and jurisdiction is appropriate in Springfield, Greene County, Missouri.

1. Claimant gave timely notice of his injury and the claim was filed within the statute of limitations.

1. Claimant's average weekly was sufficient to yield the maximum permanent partial disability rate of $464.58.

1. There is no Second Injury Fund claim alleged.

ISSUES

1. Who was an employer of Claimant at the time of his injury on March 17, 2016?

1. What is the nature and extent of any permanent disability to which Claimant is entitled?

1. What is the amount of disfigurement?

1. Is Claimant entitled to reimbursement for his past medical expenses in the amount of 42,007.13?

1. Is Ozark Anesthesia Association entitled to payment of 1,128.00 as a result of its direct pay medical fee dispute?

1. May employers, Dierker Construction and/or the City of Monett, proceed against Derek Mulvaney if it is determined that either Dierker Construction and/or the City of Monett is responsible to Claimant as a result of Derek Mulvaney not having workers' compensation insurance?

1. Is Claimant entitled to future medical treatment as a result of his injuries?

1. Counsel for employee seeks an attorney fee of 25 percent.

EXHIBITS

The following exhibits were offered and received into evidence without objection:

Claimant's Exhibits

1. Medical Records

A. Barry Lawrence Ambulance

B. Cox Hospital

C. Ferrell Duncan Clinic

D. Cox Rehabilitation

1. Deposition of Dr. David Volarich (includes CV, report and medical expenses)

1. Deposition of Tommy Patrick dated December 1, 2016 (includes Notice)

1. Deposition of Derek Mulvaney dated August 22, 2017 (includes Subpoena and Invoice)

1. Amended claim stamped filed August 16, 2016.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

A. Answer to Amended Claim

A. Report of Dr. Ted Lennard.

B. City Minutes of July 2015.

C. Invoice from Derek Mulvaney.

D. Answer to Amended Claim.

1. Application for Direct Payment - Ozark Anesthesia Associates

Neither Derek Mulvaney nor Mulvaney Construction appeared at the hearing or offered any exhibits.

Claimant was born on August 11, 1965. He is 54 years old. He has worked in construction most of his entire adult life. He was injured on March 17, 2016, while performing construction work at the City of Monett's City Hall building.

The City of Monett needed to renovate a part of its City Hall, including office space for the city collector. Because the bids for the project were higher than anticipated, the City Council voted to manage the construction project on their own to save money. The City Council assigned one of the council members, Jerry Dierker, the task of coordinating the renovation project, as he had construction experience. City workers could perform some of the tasks. Dierker, on behalf of the City, engaged subcontractors to perform other aspects of the renovation project. One of those subcontractors was Derek Mulvaney who operated under the name of Mulvaney Construction. Dierker admits he failed to verify on this occasion whether Mulvaney had workers' compensation insurance for the job at Monett City Hall, relying instead on past experience when Mulvaney had obtained the necessary insurance. Dierker's construction company also performed some of the work on the City Hall, but Dierker Construction was not engaged as a general contractor.

Claimant had worked with Derek Mulvaney about a year when the Monett City Hall renovation project began. Claimant credibly said Mulvaney had at times arranged for transportation. Mulvaney provided the tools, and told Claimant where to work and what work to perform. Claimant had performed a variety of jobs for Mulvaney including roofing, framing and metal work. There is no evidence that Claimant had any particular or unique skill. Mulvaney paid Claimant by the hour, not by the job. When Mulvaney turned in his bills for the work performed on the City Hall renovation project, it included the work performed by Claimant. In 2017, when Mulvaney sent Claimant to work on the City Hall project, Claimant understood he was to prep walls for the hanging of sheet rock. The job required the use of a pass load gun which Claimant did not own. Claimant used the load gun owned by a co-worker who also was assigned to the project by Mulvaney. Claimant was told if he had any questions regarding the project, he could contact Jerry Dierker, who was the City Councilman who unlocked and locked the facility each day. If any

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

construction materials were needed to complete the job, all workers were instructed to go to Meeks' Lumber and put the supplies on the account of the City of Monett. Mr. Mulvaney admitted in deposition that when Claimant arrived on the job each day, he did not report to the City of Monett, he just reported to Mr. Mulvaney (Ex. 4, p. 39). Mr. Mulvaney also admitted he did not have workers' compensation insurance for the job.

On March 17, 2016, after about a week on the City Hall job, Claimant was hanging "hat channels" in preparation for the drywall. He realized that one of the channels needed a small piece of wood. As he was using a saw to cut the piece of wood, the saw blade cut his left hand. The Monett Fire Department responded to the accident as the station was next to Monett City Hall. Claimant traveled by ambulance to Cox South Hospital in Springfield, Missouri, where the examining physician advised Claimant that surgery needed to be performed immediately due to the disruption of the tendons in his fingers. When Claimant called Mulvaney to inform him of the needed procedure, Mulvaney admitted he did not have workers' compensation insurance. The hospital then referred Claimant to an orthopedic specialist who performed the hand surgery five days later on March 22, 2016. This was still an emergency situation.

Medical costs for the surgery and related treatment totaled $42,007.13. Ozark Anesthesia Associates filed an Application for Direct Payment for $1,128.00 for treatment in conjunction with the work injury. Claimant said he, personally, authorized the treatment on his hand.

Claimant said Mulvaney is still in the construction business with multiple employees working for him. Claimant believed he was an employee of Mulvaney until he was "fired" after the injury, at which time he received his final check from Mulvaney. Mulvaney had paid Claimant regularly with a check from Mulvaney Construction LLC. Mulvaney testified by deposition that he believed Claimant was an independent contractor. Mulvaney made no withholdings from Claimant's checks. He provided Claimant with a Form 1099. Claimant never received a paycheck or a W-2 or W-4 from the City of Monett, Jerry Dierker, or Dierker's construction company.

Current Condition

Claimant has returned to the construction business for a different employer. He has trouble performing his tasks. He cannot completely close his left hand into a fist. He has lost strength in his left hand. While he is right-handed, he must use his left hand to hold nails and screws in place, but he cannot discern different nails and screws by feel, which he could do in the past. Claimant's left hand is sensitive to cold weather. He uses gloves and relies on a warmer in the glove of his left hand to provide pain relief. Claimant takes Ibuprofen, Tylenol, heat and ice to help alleviate the constant pain and burning in his left hand. The pain in his hand wakes him up at night. He has difficulty picking up his grandchild because he cannot feel how much pressure he is using. The undersigned ALJ assessed at six weeks disfigurement for the left hand.

Independent Medical Opinion

Dr. David Volarich

Dr. David Volarich examined Claimant on May 15, 2017, and found that Claimant had diminished range of motion with regard to his left middle, ring and small fingers. The most severely diminished range of motion was with the left middle finger that lacked almost 50 percent of the range of motion at the distal phalangeal joint. Claimant also suffered from diminished pinprick sensation in his left long finger and his left ring

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

finger. Dr. Volarich also found that the grip in Claimant's non-dominant left hand was substantially less than what he would have expected, which he found was due to the work injury.

Dr. Volarich assigned a disability rating of 50 percent to the proximal interphalangeal joint of the left long finger, 15 percent of the left ring finger at the proximal interphalangeal joint, and 7.5 percent at the proximal interphalangeal joint. These ratings took into consideration any loss of sensation, mobility, and strength in the fingers. Dr. Volarich also assigned a disability rating of 20 percent of the left hand at the 175-week level due to a diminished grip strength and loss of dexterity.

Dr. Ted Lennard

On behalf of the City of Monett, Dr. Ted Lennard examined Claimant on September 12, 2018. Dr. Lennard noted that Claimant had undergone surgical repair of both the ulnar and radial digital nerves on his left long finger. Dr. Lennard recorded that Claimant suffers from constant pain and numbness in Claimant's left long finger. The pain was accompanied with severe burning and tingling pain with repetitive use. Claimant was unable to make a closed fist. Claimant's problems were made worse with cold temperatures, repetitive use of his left hand, vibrations, and gripping. Claimant's symptoms were lessened by resting his left hand and taking Ibuprofen.

Dr. Lennard opined that the treatment that Claimant had received was reasonable and medically necessary. Dr. Lennard issued permanent partial disability ratings of 25 percent at the 35-week level for the left long finger, 10 percent at the 35-week level for the left ring finger and 5 percent at the 22-week level for the left small finger. He did not include a separate rating at the hand.

Additional Findings

Claimant testified live and I was able to assess his demeanor. His trial and deposition testimonies are consistent. His trial testimony also is corroborated by the medical records. I find him credible. I also find both physicians credible, although I find that all of the disability should be rated at the level of the hand, given the loss of the grip strength, diminished grip strength, and multiple fingers involved.

RULINGS OF LAW

Employment and Liability

Missouri's Worker's Compensation Law defines an employee as a person in service of any employer under any contract of hire expressed or implied, oral or written. § 287.020.1 RSMo. An independent contractor is one who contracts to do a piece of work according to his own methods without being subjected to the control of an employer except as to the final result of the work. *Cole v. Town & Country Exteriors*, 837 S.W.2d 580, 584 (Mo. App. E.D. 1992), *overruled on other grounds by Hampton v. Big Boy Steel Erection*, 121 S.W.3d 220 (Mo. banc 2003). "An employee is distinguished from an independent contractor by the amount of control exercised by the alleged employer." *Id.* Some factors considered in determining whether an individual is an employee as opposed to an independent contractor are: 1) whether the work is part of the regular business of the employer; 2) whether the work is a distinct occupation requiring special skills; 3) whether the alleged employee may hire assistants; 4) whether the work is usually done under supervision; 5) whether the employee supplies his own tools and materials; 6) whether there was a contract for a specific piece of work at a fixed price; 7) whether the worker is paid by the time; and 9) the extent to which the

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

employee may control the details of the work except as to the final results. *Choteau v. Netco Construction*, 132 S.W.3d 3rd 328, 332 (Mo. App. W.D. 2004).

Claimant did not get paid by Jerry Dierker, Dierker Construction, or the City of Monett. Rather, Claimant was paid by the hour on a regular basis with paychecks issued by Mulvaney Construction LLC. Claimant had a long-standing, continual relationship with Derek Mulvaney, having worked for him about a year. This was not piecework. Claimant regularly performed whatever construction-related duties Derek Mulvaney directed him to perform. Claimant had no tools and brought no materials with him. There also is no evidence that Claimant could hire an assistant to perform the assigned work. The balance of all factors weighs heavily in favor of finding Claimant to have been an employee of Derek Mulvaney at the time of the work injury. Claimant was not an independent contractor.

Even having just one employee placed Derek Mulvaney under a duty to secure workers' compensation insurance, pursuant to §287.030.1(3) RSMo. Derek Mulvaney admitted that he had no workers' compensation insurance when Claimant needed medical care on March 17, 2016. He repeated that denial of coverage in his deposition. In the case of a construction worker whose immediate employer does not have coverage for workers' compensation claims, the worker is allowed to go up the ladder to the other contractors to determine if they have workers' compensation coverage that would apply to him. This is allowed through the "statutory employment" statute, which reads in applicable part as follows:

1. Any person who has work done under contract on or about his premises which is an operation at the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer while doing work which is in the usual course of his business.

1. The provisions of this section shall not apply to the owner of premises upon which improvements are being erected, demolished, altered or repaired by an independent contractor but such independent contractor shall be deemed to be the employer of the employees of his subcontractors and their subcontractors when employed on or about the premises where the principal contractor is doing work.

1. In all cases mentioned in the preceding subsections, the immediate contractor or subcontractor shall be liable as an employer of the employees of his subcontractors. The liability of the immediate employer shall be primary, and that of the others secondary in their order, and any compensation paid by those secondarily liable may be recovered from those primarily liable, with attorney's fees and expenses of the suit. Such recovery may be had on motion in the original proceedings. No such employer shall be made liable as in this section provided, if the employer was insured by his immediate or intermediate employer.

Section 287.040.1 and 3, RSMo.

With respect to Claimant and Derek Mulvaney, Jerry Dierker solely was a representative of the City of Monett as coordinator of the City's renovation project, and not as a general contractor himself. Part of the work was being performed pursuant to a verbal contract between the City of Monett and Mulvaney. The location undergoing remodeling or repair is the premises of the principal contractor while the work is being completed. *Cole v. Town and Country Exteriors*, 837 S.w.2d 580, 585 (Mo. App. E.D. 1992) overruled on other grounds *Hampton v. Big Boy Steel Erection*, 121 S.W.3d 220 (Mo. banc 2003). Claimant was performing the work on the premises of the City of Monett when he was injured. It is clear from all of the

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

evidence that The City of Monett was acting as the general construction contractor, using some subcontractors and some of its own employees to complete the renovation of the City Hall. Pursuant to § 287.040.1 and 3 RSMo, the City of Monett was Claimant's statutory employer and is secondarily liable.

The City of Monett contends that it is not liable because the work being performed was not "an operation at the usual business" of the City of Monett, as stated in § 287.040.1 RSMo (cited above). But, there is no "litmus" test as to what is defined as a party's usual course of business. *Barger v. Kansas City Power & Light Co.*, 548 S.W.3d 424, 428 (Mo. App. W.D. 2018). As a municipality, it can be involved in any number of activities. In this case, the City of Monett made itself a general contractor in the remodeling project of its City Hall, even using some of its permanent employees to perform some of the construction work, and relying on a city council member with construction expertise to oversee the project. In doing so, the City of Monett made the remodeling project a part of its "usual business."

Moreover, the City of Monett cannot hide behind subsection 2 of § 287.040 RSMo, which protects from liability the mere owners of property upon which improvements are being erected. In this case, by not hiring a general contractor to control the remodeling project, the City of Monett was more than a mere property owner and is liable under the Missouri Workers' Compensation Law. See e.g., *West v. Posten Construction Co.*, 804 S.W.3d 743, 745 (Mo. banc 1991), overruled on other grounds by Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (holding that when an owner did not procure an independent contractor to build a house, there was no reason not to allocate the loss to the principal contractor erecting an improvement on his own property).

It is undisputed that neither Derek Mulvaney nor its construction company had workers' compensation insurance. Both Dierker Construction and the City of Monett, pursuant to statute, preserved their rights to proceed against Mulvaney if either of them were found responsible to Claimant. The City of Monett may proceed against Mulvaney, as I have found that the City of Monett is secondarily liable to Claimant for the benefits awarded.

Having reviewed all of the evidence and considered the ratings of the physician, I have found that Claimant's disability is properly rated at the level of the hand since there are multiple fingers involved and the injury substantially affected Claimant's grip and hand strength. Having considered all of the evidence, I find and conclude that Claimant sustained a 25 percent permanent partial disability to the left hand at the 175-week level (43.75 weeks of disability).

In addition to the permanent partial disability, Claimant also is entitled to an award of an additional sum for permanent disfigurement about the hand. § 287.190.4 RSMo. Having personally witnessed Claimant's hands while he testified, I award six weeks of benefits at the rate of $464.58 for the disfigurement.

Section 287.140 RSMo, requires Employer/Insurer to provide medical treatment as reasonably may be required to cure and relieve an employee from the effects of the work-related injury. To "cure and relieve"

TI1678-0301

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Tommy Patrick

Injury No. 16-056896

means treatment that will give comfort, even though restoration to soundness is beyond avail. *Landman v. Ice Cream Specialties, Inc.*, 107 S.W.3d 240, 249 (Mo. banc 2003).

An employer is liable for medical treatment procured by an employee only when the employer has notice that the employee needs treatment, or a demand is made on the employer to furnish medical treatment, and the employer refuses or fails to provide the needed treatment. *Blackwell v. Puritan-Bennett Corp.*, 901 S.W.2d 81 (Mo. App. D. 1995). Derek Mulvaney was aware of Claimant's injury in a timely fashion when Claimant called Mulvaney from the emergency room and needed surgery. Mulvaney advised Claimant he had no insurance and thereafter has failed to provide payment of the past medical expenses incurred by Claimant in the amount of $42,007.13. Subsequently, Derek Mulvaney and his construction company refused to defend its liability for past medical expenses. Because Derek Mulvaney is found to be the direct employer of employee, and he had notice of the need of medical treatment, he is primarily liable for past medical expenses in the amount of $42,007.13.

Claimant has ongoing problems and pain associated with his injuries. In addition to over-the-counter medications, Dr. Lennard also recommended a trial of Gabapentin for Claimant. Dr. Volarich agreed with him that Claimant should take over-the-counter medications and recommended that Claimant take Neurontin or Lyrica for the neuropathic pain. Based on the medication recommendations, Claimant is entitled to future medical treatment to cure or relieve the effects of the work injury.

Of the $42,007.13 in medical expenses, Ozark Anesthesia has a filed Direct Pay Medical Fee Dispute (DP-MFD) to recover $1,128.00 for the services it provided (Court Ex. I). Claimant's need for medical care was immediate and on an emergency basis. No one at the hearing submitted any evidence disputing the DP-MFD. The only evidence in the record demonstrates that the bills were reasonable, necessary, and customary for treatment of the work injury. Ozark Anesthesia's application for direct payment in the amount of 1,128.00 is hereby granted, which amount shall be paid from the proceeds of the 42,007.13 in medical expenses awarded to Claimant.

Derek Mulvaney was Claimant's direct employer on the date of the work accident. Derek Mulvaney had notice of all proceedings and even appeared for a deposition. He had ample opportunity to defend his liability, but refused to do so. He is primarily liable for all amounts awarded herein.

The City of Monett was a statutory employer on the date of the accident and is secondarily liable to Tommy Patrick, the claimant herein, for the following benefits:

Employee: Tommy Patrick

Injury No. 16-056896

Future medical benefits to cure and relieve the effects of the work accident, as recommended by Drs. Lennard and Volarich.

The Application for Direct Payment filed by Ozark Anesthesia in the amount of $1,128.00 is granted and said amount shall be paid from the proceeds of the past medical awarded.

Claimant's legal counsel, The Newman Law Firm, LLC is awarded a lien of 25 percent of the Award as a reasonable fee for necessary legal services provided to Claimant. This award is subject to review and modifications as provided by law. Interest shall be paid as provided by law.

Any compensation paid by the City of Monett as a result of this Award may be recovered from Derek Mulvaney as the employer primarily liable, as is authorized by § 287.040.3 RSMo.

I certify that on 2-19-20 I delivered a copy of the foregoing award to the parties to the case. A complete record of the method of delivery and date of service upon each party is retained with the executed award in the Division's case file.

By __________________________

Made by: __________________________

Victorine R. Mahon

Chief Administrative Law Judge

Division of Workers' Compensation