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Baxi v. United Technologies Automotive Corp.11/25/2003
Opinion Vote: AFFIRMED.
Norton, P.J., and Hoff, J., concur.
Opinion:
Plaintiff, Subhash Baxi, filed a petition in the circuit court pursuant to Section 287.500 RSMo (2000) requesting a judgment against defendants, United Technologies Automotive Corporation and Liberty Mutual Insurance Company, in accordance with a final award of the Labor and Industrial Relations Commission (the Commission) allowing payments in the amount of $222.73 per week from and after November 5, 1996 through May 5, 2002 for a total amount of $63,700.78 plus interest. The trial court entered judgment in the amount prayed on June 18, 2002. Defendants thereafter filed a motion to set aside a default judgment pursuant to Rule 74.05(d) and an alternative motion to set aside the judgment as void or irregular pursuant to Rule 74.06(b). The trial court denied these motions in an Amended Judgment dated March 25, 2003. Defendants purport to appeal from the judgment entered on June 18, 2002, and from the judgment entered on March 25, 2003. Defendants claim that the trial court erred in entering its judgment of June 18, 2002 and in refusing to set the judgment aside under Rule 74.06(b) or Rule 74.05(d). We affirm.
PROCEDURAL BACKGROUND
Plaintiff was injured on January 9, 1985, and was eventually awarded temporary total disability benefits in the amount of $222.73 per week. On December 19, 1995, the Administrative Law Judge (the ALJ) found plaintiff to be permanently totally disabled and awarded him permanent total disability payments of $222.73 per week for life. On review, the Commission modified the award of permanent total disability to permanent partial disability, and found plaintiff had been temporarily totally disabled for only 38 weeks. It determined that plaintiff was entitled to lump sum payments for permanent partial disability and that the total of these payments and the reduced total disability payment was less than the total amount defendants had previously paid in total temporary disability benefits. It found that defendants were therefore entitled to a credit for the overpayment in the amount of $66,476.47. On appeal from this award, we reversed and remanded for a re-determination of plaintiff's disability. Baxi v. United Technologies Automotive, 956 S.W.2d 340, 344 (Mo.App. 1997) ( Baxi I ). On remand, the Commission entered a modification of final award in which it found plaintiff permanently totally disabled and affirmed the ALJ "in that regard". It reduced the award of temporary total disability payments by $7,509.18, representing the 33 5/7 weeks when plaintiff returned to work following his accident. This award was appealed to this court and we affirmed. Baxi v. United Technologies Automotive, 979 S.W.2d 520 (Mo.App. 1998) ( Baxi II). The circuit court entered judgment on this award.
DISCUSSION
I. June 18, 2002, Judgment - Motion to Dismiss Appeal
In both of their points, defendants assert, in part, that the trial court erred in entering judgment pursuant to Section 287.500 on June 18, 2002. This judgment became final on July 18, 2002. The time for filing the notice of appeal from that judgment was ten days after that date. Defendants did not timely appeal from that judgment. A motion to set aside the judgment under Rule 74.06 does not extend the trial court's jurisdiction over the matter or postpone the finality of the judgment. See Rule 74.06(c). Because defendants did not timely appeal, we cannot review the judgment entered June 18, 2002, in this appeal. Plaintiff's motion to dismiss the appeal is sustained with respect to the purported appeal from this judgment.
II. March 25, 2003, Judgment
We
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