Farmer v. Treasurer of Mo.

567 S.W.3d 228
CourtMissouri Court of Appeals
DecidedDecember 18, 2018
DocketNo. SD 35637
StatusPublished
Cited by5 cases

This text of 567 S.W.3d 228 (Farmer v. Treasurer of Mo.) 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
Farmer v. Treasurer of Mo., 567 S.W.3d 228 (Mo. Ct. App. 2018).

Opinion

DON E. BURRELL, P.J.

Vernis Farmer ("Claimant") appeals the Final Award Denying Compensation ("final award") issued by the Labor and Industrial Relations Commission ("the Commission"). The final award upheld a decision of an Administrative Law Judge ("ALJ") that denied Claimant benefits from the Treasurer of the State of Missouri, Custodian of the Second Injury Fund (the "Fund"). In two points on appeal, Claimant asserts the Commission erred in admitting two Fund exhibits offered as evidence of Claimant's prior convictions for social security fraud. Claimant asserts that without those exhibits, the award was "not supported by competent and substantial evidence[.]" Because the challenged exhibits were cumulative to Claimant's admission that he had committed such fraud, we find no reversible error and affirm.

Applicable Principles of Review

The Commission adopted the findings and conclusions of the ALJ, which we review as if made by the Commission. Angus v. Second Injury Fund , 328 S.W.3d 294, 297 (Mo. App. W.D. 2010) (citing ABB Power T & D Co. v. Kempker , 236 S.W.3d 43, 48 (Mo. App. W.D. 2007) ). We will not overturn the Commission's decision on the admissibility of evidence absent an abuse of discretion. Calvert v. Treasurer of State, Custodian of Second Injury Fund , 417 S.W.3d 299, 307 (Mo. App. S.D. 2013) (citing Garrett v. Treasurer of State, Custodian for Second Injury Fund , 215 S.W.3d 244, 249 (Mo. App. S.D. 2007) ).

All final decisions, findings, rules and orders on [sic] any administrative officer or 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; and such review shall include the determination whether the same are authorized by law, and in cases in which a hearing is required by law, whether the same are supported by competent and substantial evidence upon the whole record.

Mo. Const. art. V, section 18 (emphasis added).

Section 287.4951 provides:

*231Upon appeal, no additional evidence shall be heard and, in the absence of fraud, the findings of fact made by the commission within its powers shall be conclusive and binding. The court, on appeal, shall review only questions of law and may modify, reverse, remand for rehearing, or set aside the award upon any of the following grounds and no other:
(1) That the commission acted without or in excess of its powers;
(2) That the award was procured by fraud;
(3) That the facts found by the commission do not support the award ;
(4) That there was not sufficient competent evidence in the record to warrant the making of the award .
2. The provisions of this section shall apply to all disputes based on claims arising on or after August 13, 1980.

(Emphasis added.)

Perhaps because the word "award" appears so prominently (but not exclusively) in section 287.495 as describing final commission decisions, the division and commission typically title their ultimate decision an "award" whether benefits are granted or denied. This ubiquity is unfortunate because it heightens certain logical difficulties we note and address later in this opinion.

In any event, our appellate courts have interpreted the above-noted constitutional and statutory provisions as producing the following standard of review:

In order to determine whether the award is supported by sufficient competent and substantial evidence, i.e., is contrary to the overwhelming weight of the evidence, we examine the evidence in the context of the whole record, viewing the evidence objectively. Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 222-23 (Mo. banc 2003). In the absence of fraud, however, the Commission's findings of fact are "conclusive and binding." § 287.495.1. Thus, we "defer to the commission on issues of fact, the credibility of the witnesses, and the weight given to conflicting evidence." Treasurer of State-Custodian of Second Injury Fund v. Witte, 414 S.W.3d 455, 460 (Mo. banc 2013).

Winingear v. Treasurer of State-Custodian 2nd Injury Fund , 474 S.W.3d 203, 207 (Mo. App. W.D. 2015) (emphasis added).

While this standard of review works perfectly well when the "award" being appealed is a grant of benefits, we find it extremely difficult to apply our high court's directive in Hampton to "examine the whole record to determine if it contains sufficient competent and substantial evidence to support the award" in cases involving a final decision that denies the claimant's request for benefits, i.e., what might more accurately be described as a "non -award." 121 S.W.3d at 222-23.

In reviewing final decisions adverse to the claimant - the party with the burden of persuasion - the standard of review set forth in Hampton seems, frankly, nonsensical, and we believe it should be reconsidered for the reasons contained in our high court's more recent decision in White v. Director of Revenue , 321 S.W.3d 298, 305 (Mo. banc 2010) (stating, "When the burden of proof is placed on a party for a claim that is denied, the trier of fact has the right to believe or disbelieve that party's uncontradicted or uncontroverted evidence.

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567 S.W.3d 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-treasurer-of-mo-moctapp-2018.