Sherry Edwards v. FedEx Ground Packaging Systems, Inc.

8 CSR 20-3.030(2) provides, in pertinent part:

Additional Evidence.

(A) After an application for review has been filed with the commission, any interested party may file a motion to submit additional evidence to the commission. The hearing of additional evidence by the commission shall not be granted except upon the ground of newly discovered evidence which with reasonable diligence could not have been produced at the hearing before the administrative law judge. The motion to submit additional evidence shall set out specifically and in detail-

1. The nature and substance of the newly discovered evidence;
2. Names of witnesses to be produced;
3. Nature of the exhibits to be introduced;
4. Full and accurate statement of the reason the testimony or exhibits reasonably could not have been discovered or produced at the hearing before the administrative law judge;
5. Newly discovered medical evidence shall be supported by a medical report signed by the doctor and attached to the petition, shall contain a synopsis of the doctor's opinion, basis for the opinion, and the reason for not submitting same at the hearing before the administrative law judge; and
6. Tender of merely cumulative evidence or additional medical examinations does not constitute a valid ground for the admission of additional evidence by the commission.

(B) . . . As a matter of policy, the commission is opposed to the submission of additional evidence except where it furthers the interests of justice. Therefore, all available evidence shall be introduced at the hearing before the administrative law judge.

The employee's application for review fails to set forth information in regard to the case and award which is sought to be reviewed and the reasons for making the application for a review of the evidence, as required by Rule 8 CSR 20-3.030(1) and (3).

Because the employer/insurer has not moved for dismissal of the employee's application for review for noncompliance with Rule 8 CSR 20-3.030(1) and (3), we consider the employee's application for review as a motion to submit additional evidence to the Commission.

As noted in the employer/insurer's answer, the employee's motion fails to comply with

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Injury No.: 17-102900

Rule 8 CSR 20-3.030(2) in that it lacks any explanation of the reason the information attached to the employee's application for review could not have been produced as evidence at the hearing before the administrative law judge. Therefore the motion to submit additional evidence is denied.

Having reviewed the employee's application for review, the evidence, and the whole record, we find that the award of the ALJ denying compensation is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law.¹

Pursuant to § 286.090 RSMo, we affirm the award and decision of the administrative law judge.

We affirm the January 28, 2022, award and decision of the ALJ as supplemented herein.

The award and decision of Administrative Law Judge Angela C. Heffner is attached and incorporated herein to the extent not inconsistent with this supplemental opinion.

Given at Jefferson City, State of Missouri, and this 9th day of June, 2022.


**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Reid K. Forrester, Chairman

Shalonn K. Curls, Member

Rodney J. Campbell, Member

Attest:

Secretary

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¹ The second sentence of the fourth full paragraph on page 6 of the ALJ's states, "As such, Ms. Edwards did sustain a compensable injury on December 19, 2017, while in the employment of FedEx Ground Packaging Systems, Inc." We correct this sentence to state, "As such, Ms. Edwards did not sustain a compensable injury on December 19, 2017, while in the employment of FedEx Ground Packaging Systems, Inc. (emphasis added)." This clerical error does not affect the rights of the parties.

3315 WEST TRUMAN BLVD, P.O. BOX 58 JEFFERSON CITY, MO 65102 PHONE: (800) 775-2667

www.labor.mo.gov/DWC

JANUARY 28, 2022

17-102900

Scan Copy

#Employee . . . . : SHERRY J EDWARDS 8803 BOYER ROAD ORRICK, MO 64077 *Employer . . . . : FEDEX GROUND PACKAGE SYSTEM INC 13318678 8 160 WEST CANYON CREST DR ALPINE, UT 84020 #Insurer Attorney : JODI J FOX STE 300 10 E CAMBRIDGE CIRCLE DR KANSAS CITY, KS 66103 # *Employer* Attorney: JOHN G OCONNOR 827 ARMSTRONG AVE STE 300 KANSAS CITY, KS 66101 *Insurer* : : INDEMNITY INS CO OF NO AMERICA 13318679 5 c/o SEDGWICK CLAIMS MANAGEMENT SER PO BOX 14459 LEXINGTON, KY 40512-4459

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

Employee: Sherry Edwards

Injury No. 17-102900

Employer: FedEx Ground Packaging Systems, Inc.

Insurer: Indemnity Insurance Company of North America

Additional Party: N/A

Hearing Date: November 16, 2021

Checked by: $\mathrm{ACH} / \mathrm{lh}$

1. Are any benefits awarded herein? NO
2. Were the injuries or occupational diseases compensable under Chapter 287? NO
3. Was there an accident or incident of occupational disease under the Law? YES
4. Date of accident or onset of occupational disease: December 19, 2017
5. Location where accident occurred: Jackson County, Kansas City, Missouri
6. Was above employee in the employ of above employer at time of alleged accident or occupational disease? YES
7. Did employer receive proper notice of the injuries? YES
8. Did accident or occupational disease arise out of and in the course of the employment? NO
9. Was the 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 on December 19, 2017: Claimant was on a stool packing a box above her head, lost her balance, put the box up, and it fell hitting her on the right shoulder where she had pain in her neck and right shoulder and low back.
12. Did accident or occupational disease cause death? NO

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Sherry Edwards

Injury No. 17-102900

1. Parts of body injured by accident or occupational disease: alleged injuries to neck, right shoulder, low back, and psychological.
2. Nature and extent of any permanent disability: N/A
3. Compensation paid to date for temporary disability: $0
4. Value of necessary medical aid paid to date by employer/insurer: $1,718.51
5. Value necessary medical aid not furnished by employer/insurer: 0
6. Employee's average weekly wage: 218.89
7. Employee's weekly TTD/PTD rate: 145.93
8. Employee's weekly PPD rate: 269.60. Based on the 30-hour rule using an hourly rate of $13.48.
9. Method wages computation: Wage statement and agreement of the parties. PPD rate calculated using the 30-hour rule.

COMPENSATION PAYABLE

1. Amount of compensation payable:

TOTAL: $0

1. Second Injury Fund liability: none

2

Employee: Sherry Edwards

Injury No. 17-102900

Employer: FedEx Ground Packaging Systems, Inc.

Insurer: Indemnity Insurance Company of North America

Additional Party: N/A

Hearing Date: November 16, 2021

Checked by: $\mathrm{ACH} / \mathrm{lh}$

The above-referenced worker's compensation claim was heard before Administrative Law Judge Angie Heffner for a final hearing on November 16, 2021, in Kansas City, Missouri. Sherry Edwards (Claimant) appeared through her attorney, John G. O'Connor. Employer, FedEx Ground Packaging System, Inc., (Employer) and their Insurer, Indemnity Insurance Company of North America, were represented by Jodi J. Fox.

The parties have entered into the following stipulations:

1. Claimant sustained an accident on December 19, 2017 arising out of and in the course of her employment with Employer.
2. Claimant provided timely notice of her accident.
3. Claimant filed a claim within the time allowed by law.
4. The relationship of employer and employee existed on the date of accident.
5. The parties are subject to the Missouri Workers' Compensation Act.
6. Claimant's average weekly wage is $\ 218.89, resulting in a temporary total disability rate of $\ 145.93, and a permanent partial disability rate of $\ 269.60 using the 30 -hour rule.
7. No temporary total disability benefits have been paid in this claim.
8. Employer paid medical and hospital expenses on claimant's behalf in the total amount of $\ 1,718.51.

1. Whether the accident dated December 19, 2017, is the prevailing factor in the alleged injurie