Christopher Walters v. City of St. Joseph

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Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $\qquad 14th \qquad$ day of May 2021.

LABOR AND INDUSTRIAL RELATIONS COMMISSION


Attest:


Employee: Christopher Walters

Injury Number: 15-018291

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: City of St. Joseph

Insurer: Self-Insured c/o Thomas McGee

Additional Party: Treasurer of the State of Missouri as Custodian of the Second Injury Fund

Hearing Date: February 27, 2020

Checked by: RSA/lh

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: January 15, 2015
5. State location where accident occurred or occupational disease was contracted: St. Joseph, Buchanan County, 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: While in the course and scope of employment, Claimant was exposed to multiple traumatic events that aggravated, exacerbated, and accelerated Claimant's preexisting post-traumatic stress disorder.
12. Did accident or occupational disease cause death? No. Date of death? N/A

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Christopher Walters

Injury No: 15-018291

1. Part(s) of body injured by accident or occupational disease: Body as a whole, psychological

1. Nature and extent of any permanent disability: 25% of the body as a whole for psychological and permanent total disability as to the Second Injury Fund

1. Compensation paid to date for temporary disability: $0

1. Value of temporary total disability benefits not paid by employer/insurer: $0

1. Value necessary medical aid paid to date by employer/insurer: $0

1. Value necessary medical aid not furnished by employer/insurer: 0

1. Employee's average weekly wages: 889.71

1. Weekly compensation rate: $593.14 for TTD/PTD and $451.02 for PPD

1. Method wages computation: The parties stipulated to wage rates in post-trial briefs and submission of Employer wage records.

**COMPENSATION PAYABLE**

1. Employer shall immediately pay Mr. Walters permanent partial disability benefits in the amount of $45,102.00 (25% of the body as a whole at the 400 week level X $451.02 = $45,102.00) beginning March 28, 2015 through February 25, 2017, for 100 weeks.

1. The Second Injury Fund (SIF) shall immediately pay Mr. Walters, beginning October 1, 2017, $593.14 per week for 125.4 weeks for permanent total disability benefits, and thereafter $593.14 per week for the remainder of his life. As of February 27, 2020, the Second Injury Fund's liability for past due benefits equals 74,379.76. ((125.4wks x 593.14) = $74,379.76).

1. Future requirements awarded: Employer is directed to authorize and furnish additional medical treatment to cure and relieve Claimant from the effects of his January 15, 2015 occupational disease, in accordance with Section 287.140, RSMo.

The compensation awarded to the Claimant shall be subject to a lien in the amount of 25% of all payments hereunder, plus $15,177.65 for expenses, in favor of Ben Creedy, Employee's attorney, for necessary legal services rendered.

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Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Christopher Walters

Employee: Christopher Walters

Injury Number: 15-018291

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: City of St. Joseph

Insurer: Self-insured c/o Thomas McGee

Additional Party: Treasurer of the State of Missouri as Custodian of the Second Injury Fund

Hearing Date: February 27, 2020

Checked by: RSA/lh

The above-referenced workers' compensation claim was heard before the undersigned Administrative Law Judge on February 27, 2020. The parties were afforded an opportunity to submit briefs or proposed awards, resulting in the record being completed and submitted to the undersigned on or about March 28, 2020.

The employee appeared personally and through his attorney, Ben Creedy. The City of St. Joseph appeared through its attorney Mark Hoffmeister. The Treasurer of the State of Missouri as Custodian of the Second Injury Fund appeared through Assistant Attorney General Candace Cole.

The parties entered into a stipulation of facts. The stipulation is as follows:

1. That the employer, City of St. Joseph, was an employer operating subject to the provisions of the Missouri Workers' Compensation law on January 15, 2015;
2. That, on January 15, 2015, Employer was self-insured c/o Thomas McGee
3. That Christopher Walters was Employer's employee and he was working subject to the law in St. Joseph, Buchannan County, Missouri;

1. Whether the employee sustained an injury by accident or occupational disease arising out of and in the course of employment.
2. Determining the employee's average weekly wage and compensation rates.
3. Whether the employee notified the employer of the injury as required by law.
4. Whether the employee's claim was filed within the time allowed by law.
5. Whether the employer must provide the employee with additional medical care.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Christopher Walters

Injury No: 15-018291

1. Whether the employee suffered any disability and, if so, the nature and extent of the employee's disability and whether the employee is permanently and totally disabled.

1. Whether the alleged accident or occupational disease caused the disability the employee claims.

1. Whether the Second Injury Fund is liable to Employee.

1. Whether the employee must reimburse certain costs related to a missed vocational evaluation appointment.

Claimant Christopher Walters testified at the hearing in support of his claim. In addition, Claimant offered for admission the following exhibits:

1. Deposition Transcript of Christopher Walters dated October 7, 2015
2. Deposition Transcript of Christopher Walters dated January 24, 2019
3. Deposition Transcript of James Jackson, Ph.D.
4. Deposition Transcript of Michael Dreiling
5. Deposition Transcript of Terry Cordray
6. Medical records from the United States Department of Veterans Affairs
7. Personnel records of Christopher Walters from the United States Air Force and Missouri Air National Guard
8. Personnel records of Christopher Walters from the City of St. Joseph, Missouri
9. Affidavit of attorney's fees and expenses from counsel for Christopher Walters

Exhibits 1, 2, and 4-9 were received without objection and admitted into evidence. Exhibit 3 was admitted into evidence over the Second Injury Fund's objection. No "Exhibit 6" was offered for admission and there was no objection made to maintaining the numbering of Exhibits Claimant offered.

Employer City of St. Joseph, joined Claimant in offering Exhibits 1, 2, 4, 7, and 8. Employer also offered for admission the following exhibits:

A. Deposition Transcript of Patrick Caffrey, Ph.D.

B. Invoice from Michael Dreiling for missed vocational appointment

C. Counseling record of Nancy Piercy dated November 17, 2015

D. Wage Statement

Exhibit B was received without objection and admitted into evidence. Exhibit D was offered into evidence post-trial, while the record remained open. Receiving no objection, Exhibit D was admitted into evidence. Exhibit A was admitted into evidence over the Second Injury Fund's objection. Employer offered Exhibit C which, upon sustainment of Claimant's objection, was not admitted into evidence.

The Second Injury Fund did not offer any additional exhibits into evidence.

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Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Christopher Walters

Injury No: 15-018291

All exhibits appear as the exhibits were received and admitted into evidence at the evidentiary hearing. There has been no alteration (including highlighting or underscoring) of any exhibit by the undersigned judge.

Christopher Walters (Claimant) was hired by the City of St. Joseph (Employer) as a fire fighter in October 2007. Exhibit 9, at 91. During his employment, Mr. Walters encountered multiple significant traumatic events. Exhibit 2, 29:3-7, 79:6-17, 83:24-84:2, 93:8-12. In 2013, Mr. Walters responded to an emergency call where a woman prematurely delivered her baby into a toilet. Exhibit 2, 77:11-78:16. Mr. Walters had to tend to the underdeveloped baby and was instructed to accompany the baby to the ambulance where the police officer on duty insisted on taking photographs exposing Mr. Walters to an in-depth examination of the deceased baby. Id.

Following this event,