Cidlik v. Subsurface Contractors

110 S.W.3d 856, 2003 Mo. App. LEXIS 1128, 2003 WL 21692672
CourtMissouri Court of Appeals
DecidedJuly 22, 2003
DocketNo. ED 81858
StatusPublished
Cited by2 cases

This text of 110 S.W.3d 856 (Cidlik v. Subsurface Contractors) 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
Cidlik v. Subsurface Contractors, 110 S.W.3d 856, 2003 Mo. App. LEXIS 1128, 2003 WL 21692672 (Mo. Ct. App. 2003).

Opinion

BOOKER T. SHAW, Judge.

Subsurface Contractors (“Employer”) appeals from an order of the Labor and Industrial Relations Commission (the “Commission”) dismissing its Application for Review (“Application”) because it was filed untimely. The Commission determined that because the date endorsed by the United States Postal Service on the envelope containing Employer’s Application was illegible, the Commission was required to utilize the date the Application was actually received as its filing date, and therefore, found that the Application was received untimely under Section 287.470, RSMo 2000.1 We reverse and remand the ease back to the Commission for an evi-dentiary hearing for Employer to prove, if [858]*858possible, the actual date of the postmark or the date on which the Application for Review was placed in the mail.

Robert Cidlik (“Employee”) filed a Claim for Compensation with the Workers’ Compensation Division of the Department of Labor and Industrial Relations against Employer on May 22, 1997. A hearing was held on Employee’s claim on April 26, 2002. Workers’ Compensation Administrative Law Judge, William L. Newcomb, awarded benefits to Employee in the amount of $68,104.69 on July 18, 2002. Judge Newcomb issued Findings of Fact and Rulings of Law to support his award, finding that as a result of his employment with Employer, Employee suffered 40% permanent disability of the body as a whole. According to Employer, an Application for Review of the Workers’ Compensation Award to Employee was mailed to the Commission on August 7, 2002. According to the Commission, Employer’s Application was received on August 12, 2002 and the date endorsed by the United States Postal Service on the envelope containing the Application was illegible. On August 27, 2002, using the date of receipt of Employer’s Application as the filing date, the Commission issued an order dismissing Employer’s Application as untimely under Section 287.470. Employer appeals from this order.

When a decision of the Commission is clearly an interpretation or application of the law, we review for correctness, without giving deference to the Commission. Headrick v. Jackes-Evans Mfg. Co., 108 S.W.3d 114, 116 (MoApp. E.D.2003) (citing Tidwell v. Kloster, 8 S.W.3d 585, 588 (MoApp. E.D.1999)). “Even findings of ultimate facts reached through [the] application of rules of law, rather than by natural reasoning based on facts alone, are [considered] conclusions of law.” Id. (citing Tidtvell, 8 S.W.3d at 588). Issues involving the interpretation of statutory language are considered questions of law, and we review them de novo. Id. (citing Lakin v. Gen. Am. Mutual Holding Co., 55 S.W.3d 499, 503 (MoApp. W.D.2001)).

Employer’s sole point on appeal is that the Commission erred in dismissing its Application as untimely filed, without a hearing on the issue, because the filing date was in doubt and could only be ascertained upon the presentation of additional evidence.

Compliance with Section 287.480 is the initial step in the appeal of a worker’s compensation award. Id. (citing Abrams v. Ohio Pacific Express, 819 S.W.2d 338, 341 (Mo. banc 1991)). This Section requires that for an Application for Review to be timely, it must be filed with the Commission within twenty days from the date of the award. Section 287.480. If an Application is mailed to and received by the Commission, the postmark (the date endorsed by the United States Postal Service on the envelope or container in which the Application is received), will be deemed the filing date, notwithstanding its actual delivery at a later date. Id.

The right to appeal, under Section 287.480, “has been recognized as wholly remedial.” Headrick, at 117 (citing Abrams, 819 S.W.2d at 341). “Statutes that are remedial in nature are to be liberally construed so as to effect their beneficial purpose.” Id. (citing Abrams, 819 S.W.2d at 341). “The primary role of courts in construing statutes is to ascertain the intent of the legislature ... and, if possible, to give effect to that intent,” avoiding unjust or unreasonable results. Id. (citing Abrams, 819 S.W.2d at 340); see also McNary v. Hais, 670 S.W.2d 494, 495 (Mo. banc 1984).

Although Section 287.480 does not provide an exception for late filing, and “[t]he [859]*859timely filing of an application for review in a workers’ compensation case is jurisdictional and requires strict compliance,” Missouri courts have shown a willingness to construe Section 287.480 liberally. Id. at 117-118 (citing Merritt v. Shoney’s, Inc., 925 S.W.2d 494, 495 (Mo.App. E.D.1996)); see Hoenig v. Corrigan Bros., Inc., 983 S.W.2d 526 (Mo.App. E.D.1998). In Hoe-nig, 983 S.W.2d at 527, an employee filed a motion to dismiss his employer’s appeal to the Commission of an award of workers’ compensation because the notice of appeal was untimely filed. Employer mailed the notice of appeal by certified mail on December 4, 1997 and counsel received a paid receipt. Id. However, when the notice of appeal arrived at the Commission, it did not have an envelope and it was certified as being filed on December 8, 1997. Id. at 527-28. Employer filed a motion to correct the notice of appeal or in the alternative, to remand to the Commission to correct the notice of appeal to reflect a filing date of December 4, 1997. Id. at 527. This Court granted employer’s motion in part, remanding the case to the Commission to make findings of fact as to the date the notice of appeal was to be deemed filed in accordance with Section 287.480. Id.

Likewise, in Headrick, at 116, the envelope containing the Application was erroneously date-stamped November 16, 2002 with a metered mail machine, instead of September 16, 2002, the date it was allegedly mailed and the twentieth and last day for Appellant to timely mail the Application. Id. In that case, the United States Postal Service did not independently postmark or endorse this piece of metered mail, although it is required by its own internal regulations to do so. Id. As a result, the envelope carrying the Application was processed with the erroneous November 16, 2002 postmark date. Id. The Commission received the Application on September 19, 2002, fifty-seven days before the postmark date, but still issued an order “dismissing the Application for Appellant’s failure to comply with the statutory requirements for timely filing.” Id.

In remanding the case back to the Commission for a hearing to determine the correct date on which the Application was mailed, this Court held that “[i]f the date of mailing cannot be discerned on the face of the envelope, then it cannot be conclusively determined whether or not filing was timely without a more thorough factual inspection of the circumstances.” Id. at 117.

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110 S.W.3d 856, 2003 Mo. App. LEXIS 1128, 2003 WL 21692672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cidlik-v-subsurface-contractors-moctapp-2003.