William Watson v. Tuthill Corporation

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 15-036120

**Employee:** William Watson

**Employer:** Tuthill Corporation

**Insurer:** Sentry Insurance Company

**Additional Party:** Treasurer of Missouri as Custodian of Second Injury Fund

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 25, 2020. The award and decision of Administrative Law Judge Victorine R. Mahon, issued September 25, 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 13th day of September 2021.

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**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Shalonn K. Curls, Member

Attest:

Secretary

3315 WEST TRUMAN BLVD, P.O. BOX 58 JEFFERSON CITY, MO 65102 PHONE: (573) 526-8983 FAX: (573) 751-2012

www.labor.mo.gov/DWC

SEPTEMBER 25, 2020

15-036120

Scan Copy

*Employee : WILLIAM B WATSON 13316644 5 9017 W FARM RD 60 WILLARD, MO 65781*Employer : TUTHILL CORPORATION 13316645 2 4840 WEST KEARNEY STREET SPRINGFIELD, MO 65803-8702#Insurer Attorney : RONALD G SPARLIN 320 W 4TH ST JOPLIN, MO 64801-2594#Employee Attorney: RICK S VASQUEZ 1736 E SUNSHINE STE 103 SPRINGFIELD, MO 65804*Insurer : SENTRY INSURANCE A MUTUAL CO 13316646 9 1501 N POINT DR PO BOX 8032 STEVENS POINT, WI 54481#Asst Atty General: ATTY GENERAL ERIC SCHMITT 149 PARK CENTRAL SO STE 1017 SPRINGFIELD, MO 65806

Enclosed is a copy of the Award on Hearing made in the above case.

Under the provisions of the Missouri Workers' Compensation Law, an Application for Review of the decision of the Administrative Law Judge may be made to the Missouri Labor and Industrial Relations Commission within twenty (20) days of the above date. If you wish to request a review by the Commission, application may be made by completing an Application for Review Form (MOIC-2567). The Application for Review should be sent directly to the Commission at the following address:

Labor and Industrial Relations Commission PO Box 599 Jefferson City, MO 65102-0599

If an Application for Review (MOIC-2567) is not postmarked or received within twenty (20) days of the above date, the enclosed award becomes final and no appeal may be made to the Commission or to the courts.

Please reference the above Injury Number in any correspondence with the Division or Commission.

DIVISION OF WORKERS' COMPENSATION

Continued

Please visit our website at www.labor.mo.gov/DWC


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: April 23, 2015.
5. State location where accident occurred or occupational disease was contracted: Greene County, Missouri.
6. Was above Claimant 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 Claimant was doing and how accident occurred or occupational disease contracted: In the course of repairing machinery, he twisted while catching a falling motor, thus, injuring his back.
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: Back.
14. Nature and extent of any permanent disability: Permanent and total disability.

Issued by DIVISION OF WORKERS' COMPENSATION

Claimant: William Watson

Injury No.: 15-036120

1. Compensation paid to-date for temporary disability: $24,301.17.

1. Value necessary medical aid paid to date by employer/insurer: $125,152.66.

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

1. Claimant's average weekly wages: 956.66.

1. Weekly compensation rate: 637.77 (TTD & PTD) / $451.02 (PPD).

1. Method wages computation: By agreement.

COMPENSATION PAYABLE

1. Amount of compensation payable: Permanent Total Disability. See below.

1. Second Injury Fund liability: None.

1. Future requirements awarded:

Beginning July 18, 2016, and continuing for the remainder of his lifetime, Employer/Insurer shall pay to Claimant William Watson the sum of $637.77 per week for permanent total disability.

Employer/Insurer shall provide medical care to Claimant as may reasonably be required to cure or relieve the effects of the work injury, as required by § 287.140 RSMo.

This Award is subject to review and modification as provided by law.

Interest, if any, shall accrue as prescribed by law.

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: Rick Vasquez.

Claimant: William Watson

Injury No. 15-036120

Dependents: Not Applicable

Employer: Tuthill Corporation

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

Insurer: Sentry Insurance a Mutual Company

Hearing Date: Julye 17, 2020

Before the

DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

The undersigned Administrative Law Judge convened the Final Hearing on July 17, 2020. Two claims were tried simultaneously: 15-036120 with an injury date of April 23, 2015, and 16-008686 with an injury date of February 1, 2016. William Watson (Claimant) appeared in person and with his attorney, Rick S. Vasquez. Attorney Ron Sparlin appeared on behalf of Tuthill Corporation (Employer) and Sentry Insurance a Mutual Company (Insurer). Assistant Attorney General Michael Bang appeared on behalf the Treasurer of Missouri as Custodian of the Second Injury Fund. The parties reached the following stipulations and narrowed the issues, as follows:

(1) On April 23, 2015, and February 1, 2016, Tuthill Corporation was an employer operating under and subject to Missouri Workers' Compensation Law. Its liability was fully insured with Sentry Insurance a Mutual Company.

(2) On this same date, William Watson was an employee of Employer. Both Claimant and Employer were subject to and protected by the Missouri Workers' Compensation Law.

(3) Both accidents occurring on April 23, 2015 and February 1, 2016, arose out of and were within the course and scope of Claimant's employment with Employer.

(4) The alleged accidents occurred in Greene County, Missouri, making jurisdiction appropriate in Missouri. The parties agreed to venue in Springfield, Greene County, Missouri.

(5) Notice was provided as required by law, and the Claim for Compensation was filed within the appropriate statute of limitations.

(6) For Injury Number 15-036120, Employer and Insurer paid \$24,301.17 in temporary total disability. No temporary total disability was paid with respect to Injury Number 16 - 008686.

Issued by DIVISION OF WORKERS' COMPENSATION

Claimant: William Watson

Injury No.: 15-036120

(7) For Injury Number 15 - 036120, Employer and Insurer paid $125,152.66 in medical benefits. For Injury Number 16 - 008686, Employer and Insurer paid $5,058.94 in medical benefits.

(8) Claimant's average weekly wage for both cases was 956.66, yielding a temporary total and permanent total disability rate of 637.77, and the maximum rates of compensation for permanent partial disability. For the 2015 injury, the permanent partial disability rate is 451.02. For the 2016 injury, the permanent partial disability rate is 464.58.

(9) Claimant reached maximum medical improvement on July 18, 2016.

ISSUES

- Are the injuries for which benefits are being claimed medically and causally related to the work for Employer?

- What is the nature and extent of disability in each case?

- Is the Second Injury Fund liable for permanent total disability?

- Is Claimant entitled to future medical care to cure or relieve the effects of either or both the 2015 and 2016 injuries?

EVIDENCE PRESENTED

In addition to live testimony, the parties submitted the following exhibits, all of which were admitted:

**Claimant's Exhibits**

1. Notice of Intent
2. Dr. P. Brent Koprivica, Curriculum Vitae
3. Medical Report/IME - Dr. P. Brent Koprivica (November 28, 2016)
4. Addendum Report - Dr. P. Brent Koprivica (September 29, 2018)
5. Records Reviewed by Dr. Koprivica
6. Vocational Evaluation and Curriculum Vitae - Phillip Eldred
7. Deposition - Phillip Eldred (March 21, 2019)
8. Deposition - Claimant William Watson (August 21, 2017)
9. Records of the Division of Workers' Compensation

**Employer's Exhibits**

A. Answer to Claim - Injury No. 15-036120

B. Answer to Claim - Injury No. 16-008686

C. Intent to Rely Notice

D. Medical Report - Dr. Woodward (May 15, 2016)

E. Medical Report - Dr. Woodward (August 24, 2016)

F. Intent to Rely Notice

G. Medical Report - Dr. Belz (February 27, 2018)

H. Addendum Report - Dr. Belz (October 1, 2018)

I. Notice of Intent to Rely Notice

J. Supplemental Report - Dr. Belz (October 24, 2019)

K. Deposition - Michelle Sprecker

L. Deposition Exhibits (Michelle Sprecker)

Issued by DIVISION OF WORKERS' COMPENSATION

Claimant: William Watson

M. Deposition - Claimant William

N. Prior Claims for Workers' Compensation

O. Disability Report - SSA

P. Function Report - SSA

The Second Injury Fund offered no exhibits.

Claimant was born September 3, 1962. He is 58 years old. He completed the 11th grade, but has no diploma and no GED.

Claimant was a forklift driver for seven years with the Zenith Corporation before he went to work for M.D. Pneumatics. That company later became Tuthill Corporation. Claimant worked 28 years for this employer. In 2015, he toiled as a senior service technician, tearing down and repairing motor or machinery parts at their physical location. He traveled 20 weeks a year throughout the world performing these duties.

Claimant described his job as a senior service technician as physically demanding, sometimes requiring him to handle 100 pounds or more. Despite this heavy work, Claimant denied ever having to miss work due to any physical condition in the years leading up to his April 23, 2015 injury. He denied having any limitations on how long he could sit, drive, stand, or walk.

Injury of April 23, 2015

Claimant was in the State of Maryland repairing a vacuum system for one of Employer's clients. Whil