Con-Way Truckload, Inc. v. Wood

511 S.W.3d 478, 2017 WL 770963, 2017 Mo. App. LEXIS 98
CourtMissouri Court of Appeals
DecidedFebruary 28, 2017
DocketWD 79858
StatusPublished
Cited by5 cases

This text of 511 S.W.3d 478 (Con-Way Truckload, Inc. v. Wood) 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
Con-Way Truckload, Inc. v. Wood, 511 S.W.3d 478, 2017 WL 770963, 2017 Mo. App. LEXIS 98 (Mo. Ct. App. 2017).

Opinion

Cynthia L. Martin, Judge

Con-Way Truckload, Inc. (“Con-Way”) appeals from the Labor and Industrial Relations Commission’s (“Commission”) decision awarding unemployment benefits to James Wood (“Wood”). Con-Way argues that the facts found by the Commission do not support the award and that there was not sufficient competent evidence in the record to support the award because the evidence indicated that Wood was discharged for misconduct connected with his work as described in section 288.050.2,1 disqualifying him from receiving unemployment benefits. We affirm the Commission’s decision that Wood did not commit misconduct as defined by section 288.030.1(23)(a) and (b). However, because the Commission did not address whether Wood committed misconduct as defined by section 288.030.1(23)(e), an issue that was fairly before the Commission for decision, we reverse the conclusion that Wood is entitled to receive unemployment benefits and remand for further findings and conclusions.

[481]*481Factual and Procedural Background

Wood began working for Con-Way on October 7, 2010, as an over-the-road truck driver. On April 6, 2016, Wood accepted a load of an-environmentally hazardous liquid for shipment in Pennsylvania. Wood testified that he strapped the load down according to company policy and starting driving toward his destination. Shortly after he began driving, Wood reached a highway entrance ramp. Wood misjudged the corner, taking it at a higher rate of speed than his load would allow, and overturned the truck and trailer. Con-Way formally terminated Wood’s employment on April 7, 2016.

Wood applied for unemployment benefits on April 14, 2016. Con-Way contested the application, and asserted that Wood was terminated for misconduct connected with work. In particular, Con-Way stated that “Wood failed to maintain control of assigned tractor, overturned the assigned tractor or trailer, and failed to maintain a satisfactory safety record which are grounds for automatic discharge pursuant to ... [the] Employee Handbook.” Con-Way attached a copy of the employee handbook to- its protest letter and made reference to three provisions set forth in written employee conduct policies. The‘relevant employee conduct policies provide:

Examples for Automatic Discharge:
The following are merely illustrative, not exclusive, of those activities that may result in automatic discharge. Automatic discharge may occur for any reason listed below.as a commission or omission:
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14. Overturning the assigned tractor or trailer.
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17. Unacceptable pattern or history of unsafe driving, including but not limited to third (3rd) party complaints, moving .violations, crashes, or CSA scores in excess of prescribed thresholds.
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80. Failure to maintain .control of the assigned tractor.

Con-Way’s letter also referred to ten other accidents in which Wood had been involved while employed by Con-Way. Con-Way’s letter indicated that Wood had been warned “that further disciplinary action up to and including discharge would occur if he had more crashes or acts of [an] unsafe nature.” Con-Way alleged that Wood’s accident on April 6, 2016, was because Wood “was driving to [sic] fast on an enter [sic] ramp to the highway. He was given a. [sic] unsafe speed ticket for this accident.”

The deputy determined that Wood was disqualified from' receiving unemployment benefits because Con-Way discharged Wood for misconduct connected with work. In particular, the deputy indicated that a denial of benefits was appropriate because Wood “was discharged because he was involved in an accident” as a result of “driving too fast.”

Wood appealed the deputy’s determination to the Appeals Tribunal, arguing that the accident was -not his fault because the load had shifted due to the shipper’s negligence, and arguing that there was no proof that he was speeding. The Appeals Tribunal held a telephone hearing in which the referee described the issue as whether “[Wood] left work voluntarily or was discharged,” and if Wood was discharged, whether the discharge, was for misconduct or not. The Appeals Tribunal heard testimony from a Con-Way human resources associate, a Con-Way safety analyst, and Wood. The Con-Way safety analyst testified that when Wood reported the accident, he stated that he “took [the entrance ramp] too fast” though he did not know his exact speed. Wood denied making this statement and testified that he was only [482]*482traveling 20-25 miles per hour at the time of the accident. Wood testified that his load shifted, causing the accident.

The Appeals Tribunal issued its decision reversing the deputy’s determination and concluding that Wood was not disqualified from unemployment benefits. The Appeals Tribunal found that Con-Way’s employee conduct policy, of which Wood was aware, provided that “overturning the assigned tractor or trailer, having an unacceptable pattern or history of unsafe driving, including crashes and moving violations, or failing to maintain control of the assigned tractor were grounds for automatic discharge.” The Appeals Tribunal found that Con-Way discharged Wood “for speeding and overturning a vehicle in violation of the aforementioned policies.” The Appeals Tribunal found Wood’s statement just after the April 6, 2016 accident indicating that “I just took it too fast,” though he did not remember his speed, to be more credible than Wood’s telephone conference testimony that he was only going 20-25 miles per hour when his load shifted, causing the accident. The Appeals Tribunal noted that although Wood told Con-Way just after the accident that “the police were going to mail him a ticket for going an unsafe speed,” Wood never received any tickets relating to the accident. Finally, the Appeals Tribunal found that Wood had received eight write-ups for safety issues between January 30, 2011, and December 7, 2015.

The Appeals Tribunal then considered whether Wood was discharged for misconduct connected to work. After setting forth the definition of “misconduct” found at section 288.030.1(23), and applicable when Wood was discharged, the Appeals Tribunal concluded that Con-Way failed to meet its burden to prove that Wood knowingly disregarded Con-Way’s interest or policies as would be required by section 288.030.1(23)(a) when he drove too fast on the highway entrance ramp. The Appeals Tribunal concluded that Wood’s “taking the turn onto the entry ramp too fast was at most a matter of poor judgment in handling the tractor-trailer” so that Wood’s “lack of knowledge negates misconduct.” The Appeals Tribunal also concluded that Con-Way failed to establish that Wood “engaged in carelessness or negligence in such a degree as to manifest culpability, wrongful intent or a knowing disregard of [Con-Way’s] interest or [Wood’s] duties and obligations to [Con-Way]” as would be required by section 288.030.1(23)(b). The Appeals Tribunal found that Con-Way did not provide “competent and substantial evidence that [Wood’s] accident on April 6, 2016, was more than simple negligence,” or that Wood’s “safety history involved more than two recurring episodes of careless [sic] or negligence, which were distant in time from the final incident.” The Appeals Tribunal concluded that Wood was not discharged for misconduct connected with work, and awarded Wood unemployment compensation.

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511 S.W.3d 478, 2017 WL 770963, 2017 Mo. App. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/con-way-truckload-inc-v-wood-moctapp-2017.