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Minor v. APCOA8/22/2000
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED.
Ahrens, P.J., and J. Dowd, J., concur.
Opinion:
Claimant, Lori Minor, appeals from a decision by the Labor and Industrial Relations Commission (Commission), dismissing her claim for workers' compensation. We affirm.
On January 11, 1993, employer, Apcoa, Inc., filed a Report of Injury, stating claimant injured her right hand and back. Claimant filed a claim for workers' compensation on January 10, 1994. In its answer, employer and its insurer, National Union Fire Insurance Co., admitted that claimant sustained an accidental injury on or about January 7, 1993. Employer and its insurer also asserted that "all necessary compensation benefits and medical" had been provided. On September 29, 1998, claimant filed a memorandum dismissing the "matter without prejudice." On October 2, 1998, "employer/insurer" appeared before an administrative law judge (ALJ) for a scheduled hearing. Claimant did not appear. At this time, employer and its insurer moved for dismissal of the claim for failure to prosecute and the ALJ granted the motion. Claimant filed an application for review by the Commission arguing that the ALJ erred in dismissing her claim because she had voluntarily dismissed her claim prior to October 2, 1998. After discussing "the law" on voluntary dismissals, the Commission found good cause for claimant's failure to appear on October 2, 1998, good cause to set aside the ALJ's dismissal and that the claim for compensation was voluntarily dismissed. In a footnote, the Commission stated that it took no position on the issue of whether the claim for compensation in this case could be refiled, in light of the statute of limitations, section 287.430. Employer and its insurer did not appeal from the Commission's decision.
Claimant refiled her claim for compensation on December 9, 1998. As in the original answer, employer and its insurer admitted that claimant sustained an accidental injury on or about January 7, 1993, "for which all necessary compensation benefits and medical have been provided." Employer and its insurer also asserted that claimant's claim was barred by limitations imposed by section 287.430. An ALJ set the case for a hearing solely on the issue regarding the statute of limitations. At the hearing, the parties agreed that the last payment on account of the injury was a medical benefit payment on May 9, 1995. The ALJ concluded that Missouri's savings statute, section 516.230, applied to workers' compensation claims and that the Division of Workers' Compensation had jurisdiction over the claim. On review, the Commission reversed the ALJ's award and concluded that section 516.230 did not apply. The Commission dismissed the claim because it was filed beyond the statute of limitations set forth in section 287.430. Claimant appeals raising two points.
This court will modify, reverse, remand or set aside an award only if the Commission acted without or in excess of its powers, the award was procured by fraud, the facts found by the Commission do not support the award or there was not sufficient competent evidence in the record to warrant the making of the award. Section 287.495. We review issues involving matters of law independently. Cahall v. Cahall, 963 S.W.2d 368, 372 (Mo. App. E.D. 1998).
Claimant argues in her first point that the Commission erred in dismissing her claim based on the statute of limitations set forth in section 287.430 because she refiled her claim within one year of her voluntary dismissal and it was therefore "viable" under the savings statute, section 516.230. We disagree.
Section 287.430.1
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