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Jimmy Fields v. Southwest Airlines

Decision date: September 10, 2021Injury #11-0647482 pages

Summary

The Missouri Court of Appeals affirmed the Labor and Industrial Relations Commission's award for three injury claims but reversed the award in Injury No. 12-107133, remanding to the Commission for permanent total disability benefits. The Commission awarded the Second Injury Fund as liable for permanent total disability benefits commencing February 4, 2015, at a differential rate of $258.95 for 18.45 weeks and thereafter at $692.53 per week for the employee's lifetime.

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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.

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Caption

FINAL AWARD AFTER MANDATE

(from the Missouri Court of Appeals the Eastern District)

Injury Nos.: 11-064748, 12-048145, <br> 12-088323, 12-107133
Employee:Jimmy Fields
Employer:Southwest Airlines (settled)
Insurer:Indemnity Insurance Company of North America (settled)
Additional Party:Treasurer of Missouri as Custodian of Second Injury Fund

On July 20, 2021, the Missouri Court of Appeals, Eastern District, issued an opinion in Jimmy Fields v. Treasurer of the State of Missouri-Custodian 2d Injury Fund, ED109251, ED109252, ED109253 and ED109254 (July 20, 2021). By mandate dated August 12, 2021, the court confirmed its decision to affirm the Labor and Industrial Relations Commission's award in injury numbers 11-064748, 12-048145, and 12-088323; and to reverse the Commission's award in 12107133. The court of appeals remanded this matter to the Commission with instructions to award permanent total disability benefits to claimant in claim Injury No. 12-107133.

Therefore, pursuant to the court's express directive and mandate, as authorized by Article V, Section 18. Constitution of Missouri, we issue the following award.

Award

The Second Injury Fund is liable to employee for permanent total disability benefits in claim Injury No.12-107133, commencing February 4, 2015, ${ }^{1} at the differential rate of \ 258.95 for 18.45 weeks $^{2} and thereafter at the stipulated rate of \ 692.53 per week for the remainder of the employee's lifetime or until suspended if the employee is restored to his regular work or its equivalent as provided in $\S 287.200$ RSMo.

For necessary legal services rendered to employee, Robert D. Arb, Attorney at Law, is allowed a fee of 25 % of the compensation awarded, which shall constitute a lien on said compensation.

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

[^0]

[^0]: ${ }^{1}$ At the hearing before the administrative law judge, the parties stipulated that the maximum medical improvement date was February 4, 2015 for injury number 12-107133. Transcript, p. 7.

${ }^{2} 180$ weeks multiplied by 10.25 % equals 18.45 weeks. $\ 692.53 (permanent total disability compensation rate) minus $\ 433.58 (permanent partial disability compensation rate) equals a differential rate of $\ 258.95.

Immy Fields

- 2 -

**Immy Fields**

Given at Jefferson City, State of Missouri, this 10th day of September 2021.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

![img-0.jpeg](img-0.jpeg)

**Robert W. Cornejo**, Chairman

**Reid K. Forrester**, Member

**Shalonn K. Curls**, Member

**Shalonn K. Curls**, Member

**Attest:**

**Secretary**

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