Snow v. Sunbelt Systems Transport

813 S.W.2d 868, 1991 Mo. LEXIS 85, 1991 WL 135128
CourtSupreme Court of Missouri
DecidedJuly 23, 1991
DocketNo. 73259
StatusPublished
Cited by2 cases

This text of 813 S.W.2d 868 (Snow v. Sunbelt Systems Transport) 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
Snow v. Sunbelt Systems Transport, 813 S.W.2d 868, 1991 Mo. LEXIS 85, 1991 WL 135128 (Mo. 1991).

Opinion

JOHN E. PARRISH, Special Judge.

Larry Arthur Snow appeals an award by the Labor and Industrial Relations Commission (the commission) of “no compensation.” That award was appealed to the circuit court.1 § 287.490.1.2 The circuit court affirmed the award of the commission. An appeal was taken to the Missouri Court of Appeals, Western District. § 287.490.2. Following the filing of opinion by the western district, this Court granted transfer. The review by this Court is undertaken as if it were an original appeal. Rule 83.09. For the reasons that follow, the award of the commission is reversed and the case is remanded.

Snow received a back injury during the course of his employment by Sunbelt Systems Transport. The injury was the result of an accident that occurred July 3, 1979. Following the injury, Snow was treated on [869]*869an irregular basis, primarily by doctors of the Columbia Orthopaedic Group, until April 18, 1983. The treatment was authorized by Snow’s employer and its workers’ compensation insurer (the employer-insurer), and the medical expenses were paid by them. Snow’s last date of treatment by the Columbia Orthopaedic Group was April 18, 1983, and a medical report dated April 19,1983, was provided. The medical report indicated that no further treatment nor diagnostic tests were necessary. On May 21, 1984, Snow was notified by letter from the employer-insurer that no further treatment would be authorized for the injury that occurred July 3, 1979. At that time, the employer-insurer paid the medical bill that had been submitted by the Columbia Ortho-paedic Group for the April 18, 1983, treatment.

The commission based its denial of compensation upon a determination that the claim was barred by the statute of limitations in that the claim was filed more than one year following the date of last payment made on account of the injury. § 287.430, RSMo 1978.3 The commission considered the date of last payment, for purposes of § 287.430, RSMo 1978, to be the date when authorized medical services were last rendered to the employee, not the date the bill for the medical services was paid. Snow contends that this determination was erroneous; that the date of last payment made on account of the injury was the date the bill for the last authorized medical services was paid. He contends that the statute of limitations period, by the plain language of the statute, began when the employer-insurer paid the medical bill for the last authorized medical treatment he received. Section 287.430, RSMo 1978, states, in pertinent part:

No proceedings for compensation under this chapter shall be maintained unless a claim therefor is filed with the division within one year after the injury or death, or in case payments have been made on account of the injury or death, within one year from the date of the last payment,_ (Emphasis added.)

In construing § 287.430, the words and phrases are “taken in their plain or ordinary and usual sense.” § 1.090. Section 287.430 does not contain technical words nor phrases that require their application in a technical import. Id. Further, in that the particular statute is part of the Workmen’s Compensation Law,4 it is to be construed with a view toward satisfying the fundamental purpose of placing upon industry the losses of their employees that arise from work-related accidents. See Wolfgeher v. Wagner Cartage Service, Inc., 646 S.W.2d 781, 783 (Mo. banc 1983). “Any doubt as to the right of an employee to compensation should be resolved in favor of the injured employee.” Id., citing Greer v. Dept, of Liquor Control, 592 S.W.2d 188, 193 (Mo.App.1979).

Division opinions of this Court in McFall v. Barton-Mansfield Co., 333 Mo. 110, 61 S.W.2d 911 (1933), and Elsas v. Montgomery Elevator Co., 330 Mo. 596, 50 S.W.2d 130 (1932), support Snow’s contention that his claim is not barred by the statute of limitations. In McFall this Court considered the applicability of a six-month statute of limitation that contained comparable language to that in § 287.430, RSMo 1978, regarding later payments “on account of the injury.”5 In McFall the claimant had [870]*870been injured February 6, 1930. He filed his claim one day beyond the six-month period, on August 7, 1930. This Court found that the claimant had been treated three days after his accident and that, at a later date, the employer had paid the treating physician, Dr. Husted. This Court concluded, “[PJlaintiff’s claim was filed within six months from the date of the payment to Dr. Husted. If that payment was ‘on account of the injury,’ plaintiff’s claim was filed in time under the statute.” 61 S.W.2d at 914. The Court found that the payment to Dr. Husted was made on account of the injury and that the claim was, therefore, timely filed.

In Elsas the same statute of limitations applied as in McFall, viz., § 3337, RSMo 1929. See n. 5, supra. In Elsas the employee was injured November 4, 1926. No claim was filed until July 8, 1927, more than six months after the injury. This Court found, however, that medical bills for treatment that was provided the employee were paid in April 1927, and that “[t]he commission properly concluded that under the plain terms of the act payment of these bills was a payment of compensation ‘made on account of the injury’ to claimant’s husband.” 50 S.W.2d at 134-35. The claim had been timely filed in that it was filed within six months following the April 1927 payment of medical bills.

The commission relied upon Thomas v. Baker-Lockwood Mfg. Co., 236 Mo.App. 1248,163 S.W.2d 117 (1942), rev’d on other grounds, Wentz v. Price Candy Co., 352 Mo. 1, 175 S.W.2d 852, 856 (1943), in its finding that “[t]he date from which the statute of limitations must run is the last date treatment is rendered not the last date that authorized medical expenses are paid by the employer-insurer.” In Thomas the court undertook to distinguish Elsas and McFall. The court concluded that Elsas did “not appear to rule the specific issue in the [Thomas ] case, nor to rule upon a similar state of facts,” and, with respect to McFall:

The facts distinguish the case from the one in hand. The claim was filed in time, not solely because the doctor was paid within six months before the filing of the claim, but also because the medical attention was provided and received within that period. Reference to the date of payment of the doctor’s bill was wholly irrelevant and unnecessary to sustain the finding that the claim was timely filed.

Id. at 121. The court declared, “A later case of the Supreme Court, which appears to be more nearly in point, is McEneny v. S.S. Kresge Co., 333 Mo. 817, 62 S.W.2d 1067 [1933].” Id. It quoted from

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Bluebook (online)
813 S.W.2d 868, 1991 Mo. LEXIS 85, 1991 WL 135128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snow-v-sunbelt-systems-transport-mo-1991.