 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Bunker v. Rural Electric Cooperative6/5/2001
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED.
Lowenstein and Breckenridge, JJ., concur.
Opinion:
Terry Bunker was employed by Rural Electric Cooperative of Nodaway-Worth County ("Rural Electric") in Maryville, Missouri. On March 31, 1983, while repairing electrical lines damaged in an ice storm the previous weekend, Bunker accidentally came in contact with an electrical current and received electrical burns on his left hand, right leg, back, and buttocks. The injuries ultimately resulted in the amputation of his left arm and right leg.
On April 20, 1984, Mr. Bunker filed a claim for compensation with the Division of Workmen's Compensation (Division). Based on an agreed statement of facts submitted by the parties, Mr. Bunker was awarded $100.51 per week for life for permanent total disability.
After his accident, Mr. Bunker was fitted for an arm prosthesis that was used for cosmetic purposes only. Mr. Bunker attended physical therapy sessions in an attempt to fit him for a prosthetic leg. But due to the level of his amputation and the discomfort from wearing the prosthetic leg, Mr. Bunker could not use the prosthesis, and his physical therapy ended before April 23, 1986. Because he could not use a prosthetic leg, Mr. Bunker has been dependent upon a wheelchair for ambulating purposes since 1983.
Mr. Bunker did not work after his accident, but volunteered his time to a nonprofit organization for burn victims and he began taking college classes. After graduating from Park College in March 1994 with a bachelor's degree in accounting, Mr. Bunker was hired to work for the City of Kansas City as a revenue agent for the Revenue Division. After working approximately two years for the Revenue Division, Mr. Bunker transferred to the Department of Parks and Recreation as an accounting clerk III. Mr. Bunker left his job with the City of Kansas City and began working for Investors Fiduciary Trust Company in January 1998, doing accounting work.
At some point after Mr. Bunker became employed, Rural Electric suspended payment of permanent total disability benefits and on December 9, 1999, Rural Electric filed a motion with the Labor and Industrial Relations Commission ("Commission") to terminate the total disability payments pursuant to section 287.470, arguing that Mr. Bunker was employed in the open market and was no longer permanently and totally disabled. Alternatively, Rural Electric sought a determination that suspension of benefits was proper under section 287.220.2. The Commission remanded the matter to the Division for an evidentiary hearing. In lieu of an evidentiary hearing, the parties stipulated to the submission of Mr. Bunker's videotaped and transcribed deposition. On July 18, 2000, the Commission denied Rural Electric's motion for termination of benefits and determined that suspension of permanent total disability benefits was improper. The Commission ordered Rural Electric to pay Mr. Bunker 88 weeks of past benefits in the amount of $100.51 per week plus interest, and then continue paying benefits for life as originally ordered. The Commission also granted Mr. Bunker $2,211.22 in attorneys' fees and $189.04 in expenses. Rural Electric appeals.
Because the issues in this case involve the interpretation of portions of a statute, our review of the decision of the Labor and Industrial Relations Commission is essentially de novo. "Decisions of the Labor and Industrial Relations Commission that are clearly interpretations or applications of law, rather than determinations of fact are reviewed for correctness without deference to the Commission's judgment." Files v.
Page 1 2 3 4 5 6 7 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|