Claimant not stuck by stipulation to lower comp rate

T he Commission allowed a claimant to change his stipulation to a compensation rate which would result in manifest injustice when the employer had paid benefits at a higher rate based on actual earnings. Johnson v Value St. Louis Properties, 2018 MO WCLR 247 LEXIS 247 (Nov. 30, 2018)

The case demonstrates the parties are stuck with their stipulations, except when the Commission finds enforcement results in manifest injustice.

In this case, the claimant received TTD benefits at a higher rate for temporary benefits than the rate proposed in the stipulated facts.  Notably, the employer had offered  a wage statement which would have supported an AWW of $752, then withdrew it when it showed a rate higher than the lower stipulated AWW of $607.90, and then objected to the employee trying to offer it in  evidence. The ALJ admitted the statement, but felt claimant was stuck at the lower rate due to the stipulation.  The Commission reversed and found claimant entitled to the higher rate. 

The ALJ awarded 50% PPD from an accident moving a refrigerator resulting in multiple back surgeries.   The ALJ noted claimant had spent time in prison but it was not discernible from the testimony.

The Commission affirmed a denial of about 7 months in TTD benefits and opined the issue was not argued in the brief. 


ALJ:  Hart
Atty:  Hoffman, Flanagan
Experts:  Volarich, Dolan, Coyle