Taylor v. St. John's Regional Health Center

161 S.W.3d 868, 2005 Mo. App. LEXIS 490, 2005 WL 713683
CourtMissouri Court of Appeals
DecidedMarch 30, 2005
DocketNo. 26233
StatusPublished
Cited by1 cases

This text of 161 S.W.3d 868 (Taylor v. St. John's Regional Health Center) 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
Taylor v. St. John's Regional Health Center, 161 S.W.3d 868, 2005 Mo. App. LEXIS 490, 2005 WL 713683 (Mo. Ct. App. 2005).

Opinion

JAMES K. PREWITT, Judge.

Appellant, St. John’s Regional Health Center (“Employer”), appeals from a judgment entered in circuit court pursuant to § 287.500, RSMo 2000, for the enforcement of an Award of the Division of Workers’ Compensation. The March 12, 1990 Award on Hearing (“Award”) was entered in favor of Claudette Taylor (“Employee”) against Employer and its insurer, Aetna Casualty & Surety Company.1

In October, 1982, Employee sustained a work-related injury to her back. The Award was entered, and temporary total disability benefits and medical expenses mentioned in the Award were paid by Employer and its insurer in July, 1990. In addition, Employer directed and provided medical treatment to cure and relieve Employee from the effects of her 1982 injury.

Between 1990 and 2003, Employee was treated for her injuries by physicians both within and outside of the St. John’s health care system. Employer reimbursed Employee for treatment and prescriptions during this period. However, Employer paid only for those expenses its workers’ compensation coordinator, a non-physician, approved. In September, 2003, Employer sent Employee a letter stating that while it was “responsible for [her] plan of care regarding this injury,” Employer insisted that she be treated by the physician of its choice and refused to pay for treatment by any other. Employee believed that the 1990 Award allowed her to chose her own physician, and she filed suit in circuit court to enforce the 1990 Award, pursuant to § 287.500.2

Any party in interest may file in the circuit court of the county in which the accident [870]*870occurred, a certified copy of ... an award of the division or of the commission from which an ... appeal has not been taken, whereupon said court shall render judgment in accordance therewith and notify the parties.

In her petition filed on November 19, 2003, Employee claimed Employer failed to comply with the Award in that Employer: (1) failed to pay for medical expenses incurred by Employee for periods from May 2, 1985 to December 1, 2000 (including interest accrued therefrom) and from December 4, 2000 to October of 2003; and (2) has refused to provide care and treatment to cure and relieve Employee of the effects of her injury “and/or has placed unnecessary obstacles before Employee to prevent or circumvent Employee from receiving necessary and much needed treatment.”

On March 22, 2004, the circuit court entered judgment in accordance with the certified copy of the Award “which is attached hereto and incorporated herein by reference.” Employer filed a notice of appeal. Employer contends that the judgment is “void and unenforceable in that [it] is indefinite and not sufficiently certain to be susceptible of enforcement^]” regarding any award of future medical benefits; and also time-barred under § 516.110, RSMo.

On appeal, the judgment of the circuit court will be affirmed if the award was within the jurisdiction of the Division or the Commission and the judgment was entered in accordance with the award and § 287.500. Vaughan v. Mississippi County, 590 S.W.2d 688, 689 (Mo.App.1979).

Spradling v. Wackman Welded Ware Co., 205 S.W.2d 290, 291, 239 Mo.App. 1195, 1198 (1947), determined that the ten-year statute of limitations (now § 516.110) applies to worker’s compensation final awards. The Court held that “the applicable statute of limitations began to run from the date the employer or insurer refused to comply with the award.” Id.

Employer contends that the circuit court’s judgment is void because the statute of limitations had run before Employee filed her Petition to enter judgment. Employer further asserts that Employee’s own admission in her petition, that Employer “has failed to comply with the final Award[,]” is binding upon her, citing Sayers v. Bagcraft Corp. of America, Inc., 597 S.W.2d 280, 282 (Mo.App.1980) (“Allegations of admissions of fact contained in the pleadings upon which the case is tried are binding on the pleader.”)

Employer asserts that by Employee alleging in her Petition to enter judgment that Employer “has failed to comply with the final Award,” Employee is acknowledging that the failure commenced from the time the award was entered and, therefore, the statute of limitations has run. We do not so construe those allegations since failure to comply with the Award could occur at any time within the effective date of the award, not necessarily when initially entered. Such failure could easily have occurred within the ten-year period before Employee’s petition was filed, and not necessarily more than ten years before the filing of the petition.

Here, the Award was entered March 12, 1990 and Employee filed her § 287.500 petition for judgment on November 19, 2003, thirteen years later. Employee contends that “[p]ayments have continuously been made in partial satisfaction of the Award but not in complete satisfaction.” The legal file contains a docket entry in which the circuit judge noted that “[c]oun-sel for Employer was still complying, or attempting to comply, with the Award by the Division of Worker’s [sic] Compensa[871]*871tion in the late 1990’s [sic] or early 2000’s [sic]; therefore, the statute of limitations argument of Employer is without merit.”

The record before us indicates that, at the very least, partial payments were being made by Employer in the interim period, and such partial payments will toll the statute of limitations. Anderson v. Stanley, 753 S.W.2d 98, 98 (Mo.App.1988). “It has long been the rule that the burden of establishing the defense of statute of limitations is upon the party who relies on it.” Southern Cross Lumber & Millwork Co. v. Becker, 761 S.W.2d 269, 271 (Mo.App.1988). Here, Employer has not met its burden. This point is denied.

In its remaining point, Employer contends that the judgment is void because “the award, which was referenced and incorporated by the judgment, is not sufficiently certain in its terms regarding future medical treatment to be susceptible of enforcement. In fact, the award itself does not mention future medical treatment.” In support of this contention, Employer asserts that pursuant to § 287.500 and Brashear v. Brand-Dunwoody Milling Co., 21 S.W.2d 191, 192 (Mo.App.1929), on a motion to enter judgment, only the award itself is properly before the circuit court. The findings of fact cannot be considered by the circuit court and, on appellate review of the judgment, only the award and the judgment of the circuit court can be considered. Id.

Employer contends that the Award consists of a single page entitled “Award on Hearing.” That page, Division of Workers’ Compensation form WC-33-R1 (2-82), in pertinent part reads:

[T]he undersigned Administrative Law Judge of the Division of Workers’ Compensation ...

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161 S.W.3d 868, 2005 Mo. App. LEXIS 490, 2005 WL 713683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-st-johns-regional-health-center-moctapp-2005.