Tammy Suchland v. Department of Corrections

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We approve and affirm 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 28th day of December, 2021.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**


Robert W. Cornejo, Chairman

Reid K. Forrester, Member

Shalonn K. Curls, Member

Attest:

Secretary

JUNE 15, 2021

13-095685 #ATTY GENERAL ERIC SCHMITT 815 OLIVE ST STE 200 ST LOUIS, MO 63101

13095685S1WC35100020210615INAT002001

Injury No : 13-095685 Injury Date : 12-22-2013 Insurance No. : 1402192

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

AWARD ON HEARING MLP

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

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**MISSOURI**

**DEPARTMENT OF LABOR**

**& INDUSTRIAL RELATIONS**

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WC-142 (05-21)

**AWARD OF HEARING**

**MLP**

Relay Missouri: 800-735-2966

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Missouri Division of Workers' Compensation is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.

Claimant: Tammy L. Suchland

Dependents: N/A

Employer: Missouri Department of Corrections

Additional Party: Second Injury Fund

Insurer: Self-insured (Missouri Office of Administration)

Hearing Date: March 16, 2021

Injury No.: 13-095685

Before the

Division of Workers'

Compensation

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: JAT

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: December 22, 2013.
5. State location where accident occurred or occupational disease was contracted: Bowling Green, Pike County.
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? No.
11. Describe work claimant was doing and how accident occurred or occupational disease contracted: During the course and scope of employment claimant slipped on ice and fell thereby resulting in injury.
12. Did accident or occupational disease cause death? No.
13. Part(s) of body injured by accident or occupational disease: Cervical spine, head, right knee and psych.
14. Nature and extent of any permanent disability: See below.
15. Compensation paid to-date for temporary disability: $\ 3,238.95 representing 8 weeks and 6 days.
16. Value necessary medical aid paid to date by employer/insurer? ? $\ 94,396.23 (including $\ 2,015.64 for mileage)

Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 13-095685

1. Value necessary medical aid not furnished by employer/insurer? N/A.

1. Claimant's average weekly wages: $548.53.

1. Weekly compensation rate: The rate of compensation for temporary total disability/permanent total disability was 365.69 and the rate of compensation for permanent partial disability was 365.69.

1. Method wages computation: Stipulation.

**COMPENSATION PAYABLE**

1. Amount of compensation payable: Employer is liable for permanent total disability. Weekly benefits of $365.69 from the Employer shall begin February 10, 2015 and continue for the remainder of claimant's lifetime.

1. Second Injury Fund liability: N/A.

1. Employer is liable for future medical treatment to cure and relieve the effects of the work-related injury of December 22, 2013.

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the Claimant shall be subject to a lien in the amount of 25% of all payments hereunder in favor of the following attorneys for necessary legal services rendered to the Claimant: Van Camp Law Firm, LLC.

WC-32-R1 (6-81)

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Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 13-095685

Claimant, Tammy L. Suchland, requested a hearing for a final award to determine the liability of the Missouri Department of Corrections ("Employer") for permanent partial disability ("PPD") benefits for an injury alleged on December 22, 2013 while at work.

On March 16, 2021, Claimant appeared in person and by counsel, Attorney Kevin V. Spear, at the Missouri Division of Workers' Compensation office in St. Louis. Employer appeared through Assistant Attorney General Eric Doner. The Second Injury Fund appears in person, through its attorney, Kristin Frazier. The Division has jurisdiction to hear this case pursuant to Section 287.110 RSMo. Claimant's counsel requested twenty-five percent (25%) of the amount awarded to Claimant herein as and for his attorney's fees.

These stipulations and the disputed issues, together with the findings of fact and rulings of law, are set forth as follows:

1. On December 22, 2013, the State of Missouri - Department of Corrections was a self-insured employer operating under and subject to The Missouri Workers' Compensation Law.

1. On December 22, 2013, Claimant, Tammy L. Suchland, was an employee of Employer and was working under and subject to The Missouri Workers' Compensation Law.

1. On December 22, 2013, Claimant sustained an accident, which arose out of and in the course of her employment with Employer.

1. The employment and accident occurred in Bowling Green, Pike County, Missouri. The hearing was held in St. Louis, Missouri. Jurisdiction and venue are waived and therefore proper.

1. Claimant notified Employer of her injury as required by § 287.430 RSMo.

1. The Claim for Compensation was filed within the time prescribed by § 287.430 RSMo.

1. On December 22, 2013, Claimant's average weekly wage was 548.53, yielding a compensation rate of 365.69 for all purposes.

1. Employer paid $3,238.95 to Claimant for 8 weeks and 6 days of temporary total disability.

1. Employer paid 94,396 (including 2,015.64 in mileage) for Claimant's medical treatment.

1. Claimant reached maximum medical improvement on February 10, 2015.

1. Future medical.

1. Nature and extent of disability against Employer.

1. Nature and extent of disability against the Second Injury Fund, if any.

1. Reimbursement for previously incurred medical bills.

WC-32-B1 (6-81)

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Issued by DIVISION OF WORKERS' COMPENSATION

Injury No.: 13-095685

The following exhibits were offered and entered into evidence:

Claimant offered the following exhibits, which were admitted into evidence without objection:

1. Dr. David B. Robson Reports dated May 20, 2014 and June 5, 2014 and CV.
2. Dr. Raymond F. Cohen Reports dated April 6, 2015, August 13, 2015, and February 4, 2020 and CV.
3. Dr. A.E. Daniel Report dated February 2, 2017 and CV.
4. Mr. Phillip Eldred Deposition and Reports of November 18, 2015, March 16, 2017, and November