Robert Dahman v. City of Clinton

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 17-090567

**Employee:** Robert P. Dahman

**Employer:** City of Clinton

**Insurer:** Missouri Rural Services Workers' Compensation Insurance Trust

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 March 14, 2022. The award and decision of Administrative Law Judge Mark S. Siedlik, issued March 14, 2022, 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 30th day of September 2022.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Rodney J. Campbell, Chairman

Shalonn K. Curls, Member

**VACANT**

Member

**Attest:**

Secretary

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

www. labor.mo.gov/DWC

MARCH 14, 2022

Scan Copy


\#Innures Attorney: JEFFREY T ADAMS 206 SOUTH BAIRD PO BOX 226 CLINTON, MO 64735

*Insurer . . . . MISSOURI RURAL SERVICES WORKER 133187815 c/o CANNON COCHRAN MANAGEMENT SER 133 S 11TH ST STE 430 ST LOUIS, MO 63102-1135

\# Denotes that the Division sent a copy of the Award by electronic mail to the email address that the party provided. The Certificate of Service for this document is maintained in the Division's records.

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

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

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

Dependents: N/A

Employer: City of Clinton

Insurer: Missouri Rural Services Workers' Compensation Insurance Trust

Additional Party: N/A

Hearing Date: December 14, 2021 Checked by: MSS/lh

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 law? Yes
4. Date of accident or onset of occupational disease: August 6, 2017
5. State location where accident occurred or occupational disease was contracted: Henry County, Missouri
6. Was above employee 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? Yes
10. Was employer insured by above insurer? Yes
11. Describe work employee was doing and how accident occurred, or occupational disease contracted: Employee was responding to the scene of an officer related shooting
12. Did accident or occupational disease cause death? No Date of death? N/A
13. Part(s) of body injured by accident or occupational disease: Psychological and mental injury
14. Nature and extent of any permanent disability: 10% of the body as a whole
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? $5,394.50

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

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

1. Employee's average weekly wages: 764.00

1. Weekly compensation rate: 483.48/483.48

1. Method wages computation: Earnings 13 weeks prior to injury

COMPENSATION PAYABLE

1. Amount of compensation payable from Employer: $19,339.20

1. Second Injury Fund liability: N/A

1. Future Medical Awarded: Yes, to treat psychological and mental injury in accordance with Chapter 287.

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 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to the Claimant: Jeffery T. Adams of Poague, Wall, Cox & Adams, LLC.

Employee: Robert P. Dahman

Injury No. 17-090567

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: City of Clinton

Insurer: Missouri Rural Services Workers' Compensation Insurance Trust

Additional Party: N/A

Hearing Date: December 14, 2021

Checked by: MSS/lh

On December 14, 2021, this case was tried in Kansas City, Missouri. Claimant Robert P. Dahman appeared in person and with attorney Jeffery T. Adams. The employer appeared in person and with its attorney Clinton D. Collier. Robert P. Dahman testified in person. Sheba Khalid, M.D., testified by deposition. Dale Halfaker, Ph.D., testified by deposition. The report and progress notes of William S. Logan, MD, were admitted. City of Clinton Police Chief Kevin Miller testified by deposition. City Administrator Christy Maggi testified in person.

Claimant presented proposed Findings of Fact and Rulings of Law on January 13, 2022.

The parties stipulated to the following:

1) That on August 6, 2017, Robert P. Dahman (Claimant) was an employee of City of Clinton (Employer)

2) The event occurred in Clinton, Henry County, Missouri

3) That the claim was filed within the time required by law

4) That the City of Clinton was operating subject to the provisions of the Missouri Workers' Compensation Law

5) That Missouri Rural Service Workers' Compensation Trust was the Insurer for the City of Clinton

6) That the Missouri Division of Workers' Compensation has jurisdiction and venue

7) That notice is not an issue

8) That Robert P. Dahman filed his Claim within the time prescribed by law

9) That Missouri Rural Service Workers' Compensation Trust paid medical expenses in the amount of $\ 5,394.50.

10) That no temporary disability benefits were paid

The parties agreed the issues to be resolved are as follows:

1) Causation

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

2) The nature and extent of Claimant's permanent partial disability

3) Future medical

On behalf of the Claimant and Employer and Insurer, the following exhibits were introduced into evidence:

- Claimant's Exhibit 1 - October 14, 2021 deposition of Sheba Khalid, M.D.

- Claimant's Exhibit 2 - October 11, 2021 deposition of Dale Halfaker, Ph.D.

- Claimant's Exhibit 3 - William S. Logan, M.D. Progress Notes

- Claimant's Exhibit 4 - William S. Logan, M.D. Evaluation dated February 27, 2019

- Claimant's Exhibit 5 - William S. Logan, M.D. CV

- Claimant's Exhibit 6 - November 19, 2018 deposition of Kevin Miller

- Employer's Exhibit A - October 14, 2021 deposition transcript of Dr. Khalid, M.D.

- Employer's Exhibit B - November 19, 2019 deposition transcript of Robert P. Dahman

Based on the exhibits and the testimony presented, the Court makes the following findings:

Robert P. Dahman (hereinafter Claimant) date of birth is August 14, 1978. On the date of injury on August 6, 2017, he was 38 years old. On the date of the hearing on December 14, 2021, he was 43 years old.

Claimant's background of employment was in construction prior to joining the City of Clinton Police Force in January 2011. The City of Clinton Police Force is a small force and very close knit. Claimant had an interest in becoming a policeman. His duties at the City of Clinton included on-the-road duties handling traffic tickets, investigating City of Clinton Ordinance violations, as well as securing the safety of the town. Upon hiring, he had to undergo psychological evaluations and had no issues in the testing or protocol and was hired.

On August 6, 2017, he was working as an officer for the City of Clinton. He had become friends with another officer, Gary Michael who was also on shift that night. They were working the midnight shift when Claimant heard a radio report from Gary Michael that shots had been fired and that an officer was down. This was around 10:30 PM.

Claimant happened to be at the City of Clinton Police Department about a mile or so away from the scene. He immediately responded and found Officer Gary Michael on the ground with another officer, Patrick Meeks, attending to Officer Michael. Officer Michael was still alive when Claimant arrived.

Officer Dahman was tasked with the duty of responding to where the suspect vehicle had apparently crashed after the shooting. At that time, it was unclear as to what weapon the suspect had used or his whereabouts.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

Officer Dahman went to the scene of the crash of the suspect vehicle. It was dark outside with very little lighting from the surrounding homes or streetlights. This was the first officer involved shooting in Clinton for as long as anyone can remember. It was the first officer shooting in which Officer Dahman had been involved.

Upon arrival at the scene, it was still unknown as to the location of the suspect though Claimant was now aware that the suspect had a rifle that had went through the protective gear of Officer Michael. Claimant feared for his safety as he had similar protective gear on. He felt that he was a sitting duck, and he was fearful that the shooter may fire at him and his life was in danger. He had to stay at the scene for most of the evening into the early morning to secure it. He later learned that evening that Officer Michael had passed away.

The City of Clinton took immediate measures to assist Officer Dahman and other officers. It called in the Johnson County, Kansas Crisis Team and counselor Kay White who works with the City of Clinton officers.

Claimant then sought treatment with his family physician Dr. Brian Bellamy located in Clinton, Missouri. He had issues following the event including fatigue, tightness in chest, anxiety, and lack of motivation. At times he would feel a sense of helplessness and worthlessness. He was easily startled whether at home or on the force. He had occasional crying spells and nightmares. He woul