City of St. Louis v. Grimes

630 S.W.2d 82, 1982 Mo. LEXIS 366
CourtSupreme Court of Missouri
DecidedMarch 9, 1982
DocketNo. 62584
StatusPublished
Cited by6 cases

This text of 630 S.W.2d 82 (City of St. Louis v. Grimes) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of St. Louis v. Grimes, 630 S.W.2d 82, 1982 Mo. LEXIS 366 (Mo. 1982).

Opinion

MORGAN, Judge.

In this Workers’ Compensation case under Chapter 287, RSMo 1978, the City of St. Louis as appellant (employer) seeks review of the trial court’s judgment which affirmed summarily a Final Award of the Labor and Industrial Relations Commission in favor of respondent (employee) and rejected any offset against the permanent partial disability award for wages paid by appellant while respondent was disabled and not working. We reverse.

The facts of the case are not in dispute. Respondent suffered an accidental injury in the course of her employment and was off work for 32½ weeks during which time appellant continued to pay her full wage of $254.95 per week. A claim for workers’ compensation was filed and the Administrative Law Judge entered an award on March 14,1979, granting to respondent 321/? weeks of temporary total disability and 40 weeks of permanent partial disability (10%) for a total award1 of $6,253.57. It is agreed, and obvious, that the wages paid during the period of total disability in the amount of $8,194.82 exceeded the amount of the total award.

[83]*83As noted, the Administrative Law Judge in his Findings of Fact and Rulings of Law (adopted by the judgment of the trial court) allowed credit against the award for temporary total disability but did not allow credit for the wages paid in excess thereof against the permanent partial disability award. The ruling was predicated upon that portion of § 287.100 (captioned: “Legislative Intent Relative to Other Laws Expressed”) which reads:

* * * ⅝: * ⅜
Nor shall anything in this chapter be construed as interfering with the right of any public employee to draw full wages . .. but the period during which the same are received after the injury shall be deducted from the period of compensation payments due hereunder. (Emphasis added.)

He construed the latter provision as only permitting wages to offset awards for the same period as that for which wages were paid, i.e., a “period-for-period credit”. As a result, no credit was allowed against the permanent partial disability because such award is deemed to begin after the temporary total disability ends. He reasoned that: the latter period coincides with the recuperation period and it was during this period only that wages were paid even though respondent was not working.

Two points have been carried forward on appeal.

First, the appellant questions the constitutionality of applying § 287.100 or any other section in Chapter 287 (Workers’ Compensation Law) to the City of St. Louis, a constitutional charter city. The challenge is based on Art. VI, § 22, of the Missouri Constitution, which provides, in part, that:

No law shall be enacted creating or fixing the powers, duties or compensation of any municipal office or employment, for any city framing or adopting its own charter under this or any previous constitution ....

Resolution of the question turns on whether or not Chapter 287 creates or fixes powers, duties, or compensation of charter city municipal employees; and, we look to cases wherein similar issues were considered.

State ex rel. Sprague v. City of St. Joseph, 549 S.W.2d 873 (Mo.banc 1977), reflects this Court’s most recent interpretation of § 22 of Article VI. Under §§ 341.-010-.080, RSMo 1969, the legislature provided a scheme for licensing and regulating plumbers in cities with 15,000 or more inhabitants. Sprague attempted to have his Gladstone (Missouri) license honored under the statute by the City of St. Joseph, a constitutional charter city. We held the statute not applicable because:

Under the Preisler decision [Preisler v. Hayden, 309 S.W.2d 645 (Mo.1958)] the only offices St. Joseph can have are municipal offices, it being a constitutional charter city. That being the case, the legislature cannot create or establish for St. Joseph a board of examiners of plumbers or say who its members shall be or their duties or compensation or who shall appoint them.

Id. at 877.

The decision in Sprague is particularly important because most all of the cases submitted by the parties were discussed therein; and, we necessarily repeat some points brought out in that case relative to § 22 of Article VI and matters of “statewide concern.”

In State ex rel. Burke v. Cervantes, 423 S.W.2d 791 (Mo.1968), §§ 290.350-.360, RSMo (Cum.Supp.1963), involving the Firemen’s Arbitration Board Act, were found not applicable to charter cities even though fire protection arguably was a matter of statewide concern.

In City of Joplin v. Industrial Comm’n of Mo., 329 S.W.2d 687 (Mo.banc 1959), §§ 290.210-.310 (Supp.1957) (“Prevailing Wage Law”) were held applicable to employees of city contractors because “. . . employment by private contractors is not municipal employment.” The Court did comment, by way of dictum, however, that:

To construe the Act as applicable to direct employees of public bodies would [84]*84make it unconstitutional as to ... [constitutional charter cities] . . . because Sec. 22 of Art. VI provides: ‘No law shall be enacted creating or fixing * * * compensation of any municipal office or employment for any city framing or adopting its own charter * * ”

In City of St. Louis v. Missouri Comm’n on Human Rights, 517 S.W.2d 65 (Mo.1974), the Court upheld the application of Chapter 296, RSMo 1969, (Discriminatory Employment Practices) to charter cities. Respondent argues that the holding Supports vesting the legislature with broad authority to regulate compliance by charter cities with programs of “statewide concern.”

The manner of enforcement of the state law is what really gives rise to the problem in this case. Respondents assert and the trial court agreed that the law would permit the Commission on Human Rights “to substitute its judgment for the Charter mandated decisions of the Civil Service Commission in such matters as determination of rates of pay, working conditions, competitive testing for hiring and promotion of black firemen * * *.” The initial stage in the enforcement procedure, i.e., “conference, conciliation and persuasion” (§ 296.040, subd. 2.) to eliminate the unlawful employment practice, does not entail an overriding by the state agency of the municipal hiring authority. The trial court ignored this phase of the enforcement process and respondents here offer no showing of how such procedure would preclude the exercise of their own judgment by the municipal officials.
* % * * * *
The state has the right in the exercise of the police power to prescribe a policy of general state-wide application which applies to special charter cities. Petition of City of St. Louis, 364 Mo. 700, 266 S.W.2d 753, 755[4, 5] (1954).

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

Related

Local 2379 v. ABB, Inc.
Eighth Circuit, 2005
Morrow v. City of Kansas City
788 S.W.2d 278 (Supreme Court of Missouri, 1990)
Hess v. St. Joseph Police Pension Fund
605 F. Supp. 1279 (W.D. Missouri, 1985)
Essick v. City of Springfield ex rel. Board of Public Utilities
680 S.W.2d 777 (Missouri Court of Appeals, 1984)
Evans v. Missouri Utilities Co.
671 S.W.2d 812 (Missouri Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
630 S.W.2d 82, 1982 Mo. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-st-louis-v-grimes-mo-1982.