Lantz v. Monsanto Chemical Co.

Missouri Court of Appeals

Lantz v. Monsanto Chemical Co.

239 S.W.3d 658, 2007 Mo. App. LEXIS 1657, 2007 WL 4234546

CourtMissouri Court of Appeals

DecidedDecember 4, 2007

DocketED 89548

StatusPublished

This text of 239 S.W.3d 658 (Lantz v. Monsanto Chemical Co.) 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

Lantz v. Monsanto Chemical Co., 239 S.W.3d 658, 2007 Mo. App. LEXIS 1657, 2007 WL 4234546 (Mo. Ct. App. 2007).

Pincite

Opinion

ORDER

PER CURIAM.

Melissa Lantz (“Claimant”), appeals a decision by the Labor and Industrial Relations Commission (“Commission”) denying her benefits for permanent total disability.

In her sole point on appeal, Claimant asserts that the Commission erred in overruling her hearsay objection to the testimony of a vocational expert, which was based entirely on an unreliable labor market survey. Claimant contends that the statements made by the expert in a deposition testimony regarding a labor market survey she conducted, constituted hearsay. Claimant argues that although under proper circumstances surveys are admissible, the survey in this case was inaccurate and unreliable and as such, incompetent to serve as the basis for the expert’s opinion. Claimant concludes that absent the disputed testimony, which she claims was given substantial deference by the Commission, the remainder of the evidence clearly demonstrates that she is permanently and totally disabled. We find no error and affirm.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. No jurisprudential purpose would be served by a written opinion reciting the detailed facts and restating the principles of law. The parties have been furnished with a memorandum opinion for their information only, which sets forth the facts and reasons for this order.

*659 We affirm the judgment pursuant to Rule 84.16(b). 1

1

. Employer’s motion to dismiss Claimant’s appeal for Rule 84.04 violations, taken with the case, is denied,

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ORDER

PER CURIAM.

Melissa Lantz (“Claimant”), appeals a decision by the Labor and Industrial Relations Commission (“Commission”) denying her benefits for permanent total disability.

In her sole point on appeal, Claimant asserts that the Commission erred in overruling her hearsay objection to the testimony of a vocational expert, which was based entirely on an unreliable labor market survey. Claimant contends that the statements made by the expert in a deposition testimony regarding a labor market survey she conducted, constituted hearsay. Claimant argues that although under proper circumstances surveys are admissible, the survey in this case was inaccurate and unreliable and as such, incompetent to serve as the basis for the expert’s opinion. Claimant concludes that absent the disputed testimony, which she claims was given substantial deference by the Commission, the remainder of the evidence clearly demonstrates that she is permanently and totally disabled. We find no error and affirm.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. No jurisprudential purpose would be served by a written opinion reciting the detailed facts and restating the principles of law. The parties have been furnished with a memorandum opinion for their information only, which sets forth the facts and reasons for this order.

*659 We affirm the judgment pursuant to Rule 84.16(b). 1

1

. Employer’s motion to dismiss Claimant’s appeal for Rule 84.04 violations, taken with the case, is denied,

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Bluebook (online)

239 S.W.3d 658, 2007 Mo. App. LEXIS 1657, 2007 WL 4234546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lantz-v-monsanto-chemical-co-moctapp-2007.