Cable v. Schneider Transportation, Inc.

957 S.W.2d 802, 1997 Mo. App. LEXIS 2173, 1997 WL 778509
CourtMissouri Court of Appeals
DecidedDecember 19, 1997
DocketNo. 21616
StatusPublished

This text of 957 S.W.2d 802 (Cable v. Schneider Transportation, 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
Cable v. Schneider Transportation, Inc., 957 S.W.2d 802, 1997 Mo. App. LEXIS 2173, 1997 WL 778509 (Mo. Ct. App. 1997).

Opinion

SHRUM, Judge.

Earl G. Cable (Claimant) sought workers’ compensation benefits under the Missouri law on the theory that his employment was “principally located” in this state. The Labor and Industrial Relations Commission (Commission) agreed and entered an award for Claimant. Schneider Transportation, Inc. (Employer) lodged its.appeal from that award directly with this court, claiming that we have jurisdiction over this appeal by virtue of § 287.495. We disagree.1

Inexplicably, neither § 287.495 nor other provisions of the Workers’ Compensation Act authorize direct appeal to this court of an award where “principally located” employment is the sole basis for the Commission’s subject matter jurisdiction. The appeal is dismissed.

[803]*803The three instances where Missouri’s Workers’ Compensation Act covers on-the-job injuries to employees are listed in § 287.110.2 as follows:

“2. This chapter shall apply to all injuries received .... in this state, regardless of where the contract of employment was made, and also to all injuries received ... outside of this state under contract of employment made in this state, unless the contract of employment in any case shall otherwise provide, and also to all injuries received ... outside of this state where the employee’s employment was principally localized in this state.” (emphasis supplied).

The third category of coverage, shown above in italics, was added in 1974. 1974 Mo. Laws, S.B. 417, at 856-57. Because Claimant was injured in Kentucky and his contract of employment was made in Wisconsin, he filed and pursued his claim for workers’ compensation in Missouri under the third category of § 287.110.2, i.e., “employment ... principally localized in this state.”

An administrative law judge (ALJ) heard Claimant’s case in Camden County, Missouri. The ALJ concluded that Missouri’s Workers’ Compensation Act applied because the employment of Claimant by Employer “was principally localized in ... Missouri.” He awarded Claimant workers’ compensation benefits.

Employer sought review of the ALJ’s award by the Commission. The Commission affirmed the ALJ’s decision. In affirming, the Commission specifically found, contrary to Employer’s argument, that it had subject matter jurisdiction over this case because Claimant’s employment with Employer was “principally localized” in Missouri. Employer’s appeal to this court followed. Claimant countered with a motion to dismiss.

Claimant contends that jurisdiction for appeal is in the Court of Appeals, Western District because he resides in Morgan County, a county within the jurisdiction of the Western District. See § 477.070. In response, Employer argues that jurisdiction is proper in this court because the hearing by the ALJ was conducted in Camden County, a county within the jurisdiction of the Court of Appeals, Southern District. See § 477.060. Both Claimant and Employer fail to cite statutory or case authority to support their arguments. Similarly, we find no authority to support either of those arguments.

Even so, the court of appeals must probe its jurisdiction sua sponte, especially when its jurisdiction is questioned. Webb v. First Nat’l Bank & Trust Co. of Joplin, 602 S.W.2d 780, 782 (Mo.App.1980). We find that this court does not have jurisdiction to hear this appeal, but for reasons different from those advanced by Claimant.

The right of appeal is purely statutory. Shawnee Bend Special Rd. Dist. v. Camden County, 839 S.W.2d 343, 347[3] (Mo.App.1992). See also Rule 81.01. The statute governing appeal from an award by the Commission is § 287.495.1, enacted in 1980. The pertinent part of § 287.495.1 states:

“1. The final award of the commission shall be conclusive and binding unless either party to the dispute shall, within thirty days from the date of the final award, appeal the award to the appellate court having jurisdiction in the area in which the accident occurred or, if the accident occurred outside of this state, then in the area where the contract of employment was made.”

We see that § 287.495.1 allows an aggrieved party to take a direct appeal from an award by the Commission to the “appellate court[s]” of this state in two instances, but not the third. Absent from § 287.495.1 is any provision for taking an appeal from a final award of the Commission where, as here, “principally localized” employment is the sole basis for its jurisdiction.

This anomaly has existed since 1974 when the General Assembly expanded coverage under Missouri’s Act but failed to amend § 287.490, RSMo 1969, the then-existing appeal provisions of the Act. Accordingly, the Act was left without a provision for judicial review of a Commission award based solely on “principally localized” employment.2

[804]*804Responding to our request to brief the jurisdictional question posed by this ease, Employer directs us to § 287.495.2 which reads: “2. The provisions of this section shall apply to all disputes based on claims arising on or after the [sic] August 13, 1980.” Employer contends—correctly so—that this mandatory language clearly indicates legislative intent that all appeals from Commission decisions be taken directly to appellate courts after August 13,1980.

However, the General Assembly did nothing to implement that intent when it enacted § 287.495.1 in 1980. In § 287.495.1, the General Assembly limited appeals from final Commission awards “to the appellate court having jurisdiction in the area where the accident occurred or, if the accident occurred outside of this state, then in the area where the contract of employment was made.” As already noted, § 287.495.1 is devoid of language authorizing judicial review of an award based on a “principally localized” claim.

Moreover, the Act has no other provision authorizing judicial review of such a claim. Even so, Article V, § 18 of the Missouri Constitution (1945) provides that “[a]ll final decisions ... and orders of any administrative ... body existing under the constitution or by law, which are judicial or quasi-judicial and affect private rights, shall be subject to direct review by the courts as provided by law....”

In order to comply with the constitutional mandate that all administrative decisions which affect private rights must be subject to judicial review, we look to § 536.100, the statutory provision providing judicial review when review by the courts is not provided for in another statute. In pertinent part, § 536.100 reads:

“Any person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case ... shall be entitled to judicial review thereof, as provided in sections 536.100 to 536.140, unless some other provision for judicial review is provided by statute....”

See also Rule 100.01.

As the law now exists, there is no other alternative; § 536.100 is the sole and exclusive statutory means by which workers’ compensation litigants can obtain judicial review of Commission decisions on claims arising out of the “principally localized” prong of § 287.110.2.

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Related

Webb v. First National Bank & Trust Co. of Joplin
602 S.W.2d 780 (Missouri Court of Appeals, 1980)
Shawnee Bend Special Road District "D" v. Camden County Commission
839 S.W.2d 343 (Missouri Court of Appeals, 1992)
Hoffman v. Sedlmayr Enterprises, Inc.
858 S.W.2d 814 (Missouri Court of Appeals, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
957 S.W.2d 802, 1997 Mo. App. LEXIS 2173, 1997 WL 778509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cable-v-schneider-transportation-inc-moctapp-1997.