Walker v. Skaggs Community Hospital

935 S.W.2d 370, 1996 Mo. App. LEXIS 1865, 1996 WL 658542
CourtMissouri Court of Appeals
DecidedNovember 8, 1996
DocketNo. 21003
StatusPublished
Cited by4 cases

This text of 935 S.W.2d 370 (Walker v. Skaggs Community Hospital) 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
Walker v. Skaggs Community Hospital, 935 S.W.2d 370, 1996 Mo. App. LEXIS 1865, 1996 WL 658542 (Mo. Ct. App. 1996).

Opinion

PER CURIAM.

Bonnie G. Walker (“Claimant”) appeals from an award of the Labor and Industrial Relations Commission (“Commission”) denying compensation under The Workers’ Compensation Law, chapter 287, RSMo 1994.1

Rule 84.042 applies to appeals arising under The Workers’ Compensation Law. Kerr v. Ehinger, Inc., 515 S.W.2d 763, 764[1] (Mo.App.1974). Rule 84.04(a)(1) requires an appellant’s brief to contain a concise statement of the grounds on which jurisdiction of the review court is invoked.

The jurisdictional statement in Claimant’s brief states, in part:

“This appeal is taken to this Court pursuant to and exists under Mo.Rev.Stat. Sections 115.527 to 115.601, (1982), as specifically enumerated in 115.526(3).”

Those sections appear in chapter 115 of the Revised Statutes of Missouri. Chapter 115 pertains to election authorities and conduct of elections. The sections cited by Claimant appear in a segment of chapter 115 governing election contests and, as best we can determine, have nothing to do with judicial review of awards by Commission in workers’ compensation cases.

Rule 84.04(a)(2) requires an appellant’s brief to contain a statement of the facts. Rule 84.04(e) provides that the statement of facts shall be a fair and concise statement of the facts relevant to the questions presented for determination. Rule 84.04(h) provides: “All statements of fact and argument shall have specific page references to the legal file or the transcript.”

The transcript, including depositions and exhibits, comprises 986 pages. The statement of facts in Claimant’s brief occupies less than one page and consists of three paragraphs. The only information it yields regarding the injury in issue3 is:

“On November 3, 1989, in the scope and course of her employment she fell on the front steps of the hospital while waiting to see the hospital’s Workers’ Compensation representative. (T-14) In that fall she [372]*372sustained injury to her low back, her right elbow and right leg.... This injury was found not to be compensable and Award was not ordered in favor of the claimant and the matter was denied in its entirety.”

In denying compensation for the injuries Claimant allegedly sustained November 3, 1989, Commission adopted the findings of the ALJ, including these:

“[Cjlaimant, apparently distraught over finding an anonymous letter on her desk which she felt threatened her employment status, was waiting to see a member of the employer’s staff and while stepping outside attempted in anger or frustration to kick a soda can and while doing so fell on the steps of the employer’s premises.
... There fails to be a link between the activities of the claimant, i.e. attempting to kick at a soda can in anger, albeit on the employer’s premises, causing a slip and fall to any work-related activity which would reasonably be within the course and scope of employment or which would arising [sic] out of the employer-employee relationship. ... There can be no relationship between the claimant’s job and the events which transpired on November 3, 1989.”

The primary purpose of the statement of facts, in an appellant’s brief is to afford an immediate, accurate, complete and unbiased understanding of the facts of the case. Wipfler v. Basler, 250 S.W.2d 982, 984 (Mo.1952); In re Marriage of Lowe, 860 S.W.2d 813, 815[1] (Mo.App.S.D.1993).

The statement of facts in Claimant’s brief contains no account of the evidence on which Commission’s findings (quoted above) were based and leaves no clue as to where we should search for such evidence in the record. The statement of facts therefore preserves nothing for appellate review. Pemiscot County Memorial Hospital v. Missouri Labor and Industrial Relations Commission, 825 S.W.2d 61, 63[2] (Mo.App.S.D.1992); Simpson v. Galena R-2 School District, 809 S.W.2d 457, 458 (Mo.App.S.D.1991).

Furthermore, Claimant’s statement of facts contains no account of the evidence on which she relies in support of her contention that there was competent and substantial evidence to establish that she “met her burden of proof that the fall was compensable” (her first point, infra). The statement of facts likewise contains no summary of the testimony of Claimant which she maintains Commission and the ALJ “erred in not relying on” (her second point, infra).

The statement of facts makes only two references to the record. The first is to page 13 of the transcript, a page of Claimant’s testimony. Nothing on that page pertains to the alleged fall on November 3, 1989. The second reference is to page 14 of the transcript, another page of Claimant’s testimony. The only thing on that page pertinent to the alleged fall is Claimant’s recollection that it occurred November 3, 1989. No account of it appears on that page. Those deficiencies are additional flaws which render Claimant’s statement of facts insufficient to preserve anything for review. White v. White, 846 S.W.2d 212, 213[3] (Mo.App.S.D.1993).

The argument portion of Claimant’s brief supplies little help. It refers to only two pages of Claimant’s testimony. The first is page 14 (discussed above). The second is page 44. There, Claimant discusses a physical examination by “Dr. Decker.” No account of the alleged fall appears on that page.

The only other reference to evidence in the argument portion of Claimant’s brief is to page 7 of the deposition of “Dr. Mauldin.”4 There, the doctor, in narrating the history Claimant provided regarding the alleged fall, related that Claimant found a letter on her desk, which made her angry. She walked out the door, kicked a soda can, and fell down two steps. That account is consistent with Commission’s findings. It does not aid Claimant.

The insufficiencies in the argument portion of Claimant’s brief identified in the two preceding paragraphs constitute a third reason that her contentions on appeal are ineligible for review. Cf. Slankard v. Thomas, 912 S.W.2d 619, 628-29[21] (Mo.App.S.D.1995); [373]*373Townes v. Jerome L. Howe, Inc., 852 S.W.2d 359, 361[6] (Mo.App.E.D.1993).

However, even without the flaws already noted, Claimant’s assignments of error are ineligible for review because of another deficiency in her brief.

Rule 84.04(a)(3) requires an appellant’s brief to contain the points relied upon. Rule 84.04(d) reads:

“The points relied on shall state briefly and concisely what actions or rulings of the court are sought to be reviewed and wherein and why they are claimed to be erroneous....

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Bluebook (online)
935 S.W.2d 370, 1996 Mo. App. LEXIS 1865, 1996 WL 658542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-skaggs-community-hospital-moctapp-1996.