FINAL AWARD ALLOWING COMPENSATION (After Mandate from the Missouri Court of Appeals for the Southern District)

Employee:	Sydney Durr
Employer:	Americare Systems, Inc.Clark’s Mountain Nursing CenterAmericare at Clark’s Mountain
Insurer:	Safety National Casualty Company
On May 5, 2022, the Missouri Court of Appeals, Southern District, issued an opinion reversing the award of the Labor and Industrial Relations Commission (LIRC).Sydney Durr vs. Clarks Mountain Nursing Center, Americare Systems Inc., and Safety National Casualty Company, Inj. No. 15-013660 (LIRC, June 16, 2021). By mandate dated May 23, 2022, the court confirmed its decision to reverse the Commission’s award and decision and remanded this matter to the Commission for further proceedings consistent with the Court’s opinion.
Pursuant to this express directive and the mandate from the court, we issue the following award.
Award
Our prior award and decision of June 16, 2021, is hereby reversed as follows.
(1) Employee’s March 5, 2015 work accident and resulting injury to employee’s left knee arose out of and in the course of employee’s employment with the employer;
(2) Employee’s March 5, 2015 work injury was the prevailing factor in causing employee’s medical condition and her disability to her left knee;
(3) Employer is liable for past medical expenses in the amount of $22,129.11 related to the March 5, 2015 injury;
(4) Employer is liable for employee’s temporary total disability in the amount of $2,630.76 for 17.57 weeks for the periods of March 5, 2015 to May 26, 2015 and from February 25, 2016 to April 4, 2016;
(5) Employer is liable for mileage reimbursement in the amount of $806.35; and
(6) Employee suffered a 15% permanent partial disability at her left knee, for which employer is liable to employee for 213.33 per week for 24 weeks, equal to 5,119.92.

-2-

For necessary legal services rendered to employee, attorney Therese A Schellhammer, 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.

Given at Jefferson City, State of Missouri, this 1st day of June 2022.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

Reid K. Forrester, Chairman

Shalonn K. Curls, Member

Rodney J. Campbell, Member

Attest:

Secretary

Syndey Durr v. Americare Systems, Inc.Clark’s Mountain Nursing CenterAmericare at Clark’s Mountain

Caption