Breckle v. Hawk's Nest, Inc.

42 S.W.3d 789, 2001 Mo. App. LEXIS 200, 2001 WL 95704
CourtMissouri Court of Appeals
DecidedFebruary 6, 2001
DocketNo. ED 77634
StatusPublished
Cited by3 cases

This text of 42 S.W.3d 789 (Breckle v. Hawk's Nest, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Breckle v. Hawk's Nest, Inc., 42 S.W.3d 789, 2001 Mo. App. LEXIS 200, 2001 WL 95704 (Mo. Ct. App. 2001).

Opinion

RICHARD B. TEITELMAN, Judge.

Appellant Randall Breckle appeals from an award entered by the Labor and Industrial Relations Commission after this Court reversed and remanded the Commission’s previous award in his workers’ compensation case. Appellant argues that the Commission failed to follow this Court’s mandate in making its determination. We agree. Reversed and remanded.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant filed a claim for workers’ compensation against his employer, Hawk’s Nest, Inc., and the Treasurer of the State of Missouri as Custodian of the Second Injury Fund, alleging injuries sustained in a work-related accident. After a Final Hearing, the Administrative Law Judge found Hawk’s Nest liable for permanent partial disability of 40% of the body as a whole, 15% of the left upper extremity, and 10% of the right upper extremity. The ALJ found the Second Injury Fund liable for Permanent Total Disability. The ALJ denied compensation for past medical care, but did allow for compensation for future medical care necessary to cure and relieve Appellant from the effects of the work injury.

Appellant appealed to this Court regarding the denial of compensation for past and future nursing care. On appeal, the Court held that the facts did not support the Commission’s award. The Court noted the testimony of Appellant’s wife that she was providing all of his care, that he required constant observation and supervision, that he required assistance in having meals brought to him, getting dressed and bathing, and that due to the possibility of falling, he was not often alone and that if she was not home with Appellant, one of their children assisted him. The Court found that Appellant’s wife’s services to him went beyond the ordinary duties of a spouse. The Court reversed the Commission’s award regarding the issue of compensation for past and future nursing care services provided by Appellant’s wife and remanded the matter to the Commissions with directions to determine a reasonable amount of compensation for the services. [791]*791The Court further instructed that if the record was inadequate, the Commission should'require further evidence and make an award requiring Hawk’s Nest to furnish necessary home nursing care, or, in the alternative, to compensate Appellant for his wife’s nursing services. See Breckle v. Hawk’s Nest, Inc., 980 S.W.2d 192 (Mo.App. E.D.1998).

On remand, the Commission entered an order finding Hawk’s Nest liable to furnish Appellant necessary future home nursing care or, in the alternative, compensate him only for his wife’s nursing services at the rate established by Appellant’s evidence of $5.67 per hour. The Commission further entered an order finding Hawk’s Nest liable for past nursing services, and noted that Appellant’s wife was not with Appellant 24-hours a day at home. Thus, the Commission found that the record was inadequate to determine the number of hours that Appellant’s wife provided nursing services in excess of normal spousal duties. Accordingly, the Commission remanded the matter to the Division of Workers’ Compensation to conduct an evi-dentiary hearing regarding the number of hours that Appellant’s wife provided services to Appellant in excess of normal spousal duties during each relevant period and the proper rate of compensation. The Division was instructed to forward the transcript of the evidentiary hearing to the Commission for review and further order.

The Division subsequently conducted a hearing on September 21, 1999, at which Appellant entered into evidence a deposition of his testimony. Also entered into evidence were depositions containing opinion testimony from two registered nurses.

The Commission then entered its order dated February 10, 2000, in which it noted its previous order finding Hawk’s Nest liable to provide future nursing services by either furnishing Appellant necessary home nursing care, or in the alternative, compensating him for his wife’s nursing services at the rate established by Appellant’s evidence.

The Commission ordered Hawk’s Nest to pay compensation for past nursing services from April 1, 1989 through October 31, 1997, for four hours per day of care, in an amount totaling $61,467.92. It did not award compensation for nursing services from November 1, 1997, through the date of the September 21, 1999 hearing, however, because it found that he and his wife had separated during that period and she no longer provided nursing services to him.

DISCUSSION

We may modify, reverse, remand for rehearing, or set aside an award or decision of the Commission only if the Commission’s actions were unauthorized by law, in excess of its authority, procured by fraud, unsupported by the facts as found by the Commission, or unsupported by competent evidence in the whole record. Mann v. Varney Construction, 23 S.W.3d 231, 232 (Mo.App. E.D.2000). The right to benefits is to be liberally interpreted, and any doubt as to the right of an employee to compensation must be resolved in favor of the injured employee. Wolfgeher v. Wagner Cartage Service, Inc., 646 S.W.2d 781, 783 (Mo. banc 1983).

In his first point, Appellant contends the Commission erred and failed to follow the mandate of this Court on remand when it found Appellant entitled to compensation for only 4 hours of nursing care per day, rather than 24 hours, after this Court specifically ruled in its prior opinion that Appellant needs constant observation and supervision. Appellant argues that the Commission was directed to determine the reasonable amount of compensation to be paid Appellant for full-time nursing services, not the amount of care Appellant required.

[792]*792The opinion in Appellant’s first appeal was replete with references indicating that this Court conclusively determined that Appellant was in need of, and was entitled to, constant (that is, 24-hour-per day) in-home nursing services. See Breckle v. Hawk’s Nest, Inc., 980 S.W.2d 192, 193 (Mo.App. E.D.1998). We determined in Breckle that Appellant had required this level of nursing care since the date of injury, and would require such constant care for the indefinite future. Further, the opinion of this Court stated:

[W]e reverse and remand this matter to the Commission in order to determine the amount of reasonable compensation for Mrs. Breckle’s past and future nursing services for which [Appellant] may be compensated. Her services went beyond those ordinarily provided by a spouse and require compensation. If the record is inadequate, then the Commission should require further evidence and make an award requiring employee-insurer to furnish necessary home nursing care or, in the alternative, compensate [Appellant] only for wife’s nursing-services.

Breckle, 980 S.W.2d at 194-195.

Thus, properly construed, the mandate of our prior opinion in Breckle required that Appellant be compensated for all past and future in-home nursing services since the date of his injury on a constant (that is, 24-hour-per day) basis.1 This compensation is due to Appellant, and is for his benefit and use in securing needed home nursing care, whether such care comes from his wife or some other source.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pope v. Ray
298 S.W.3d 53 (Missouri Court of Appeals, 2009)
Roberts v. City of St. Louis
292 S.W.3d 566 (Missouri Court of Appeals, 2009)
Negri v. Continental Sales & Service
139 S.W.3d 565 (Missouri Court of Appeals, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
42 S.W.3d 789, 2001 Mo. App. LEXIS 200, 2001 WL 95704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breckle-v-hawks-nest-inc-moctapp-2001.