Haynes Williams v Hills Dodge
Employers Preferred Ins. Co.
Release Date: Feb 21, 2020 (Accident date: April 22, 2015)
Venue: Butler County
Plot Summary: Claimant alleges injuries to his face, head, low back and arm when he lost control of his vehicle and crashed into a concrete embankment. The Commission found employment and disability but reduced the rate of compensation to the statutory minimum from $150 to $40 a week.
https://labor.mo.gov/sites/labor/files/decisions_wc/HaynesWilliam15-0400342-21-20.pdf
Cast:
Kasten, ALJ
Moroni
Kornblum
LaBarge
Cohen
Cantrell
Comments:
The ALJ found a failure of proof that claimant's accident arose from an idiopathic syncopal spell as a result of his a-fib condition
Regarding rate, the Commission reduced the PPD rate to the minimum. .
"Because the Commission cannot fairly or justly determine employee's average weekly wage based on the formulas provided in the provisions of Section 287.250.1-.3, RSMo, it is the opinion of the Commission based on what we so deem as exceptional facts that employee should receive the statutory minimum for weekly compensation of $40.00. "
The ALJ determined: "Claimant testified that he could have worked every day, but the evidence was that he had only driven similar jobs a few times. I find that the minimum wage rate of$40.00 for temporary total disability, in accordance with Section 287.170.1 (5), is appropriate. I find Claimant's average weekly wage for purposes of calculating a permanent partial disability rate is $225.00 ($45.00 per day x 5 days a week= $225.00) producing a permanent partial disability rate of$150.00."
What's it worth
15% BAW L3 compression fracture,
17.5% BAW concussion, orbital fx and nasal fx
