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Shelton v. Missouri Baptist Medical Center1/30/2001
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED.
Crandall Jr., and J. Dowd, JJ., concur.
Opinion:
Darla Shelton ("Shelton") appeals the dismissal of her claim for workers' compensation by the Labor and Industrial Relations Commission ("the Commission"). After a hearing on the Administrative Law Judge's ("ALJ") dismissal of her claim, the Commission affirmed the dismissal for failure to prosecute. We affirm.
Shelton's claim for workers' compensation on this injury has previously been appealed to this court. See Shelton v. Missouri Baptist Medical Cent., 998 S.W.2d 832 (Mo. App. 1999). During 1996, Shelton missed two employer-scheduled doctor's appointments. Subsequently, in a September 19, 1996 order, an ALJ ordered Shelton "to attend any/all future medical appointments scheduled by/for Employer, Missouri Baptist Medical Center, failure to attend medical exam will result in dismissal of claim." After the order was issued, Shelton again failed to attend an employer-scheduled doctor's appointment. Shelton's claim was dismissed at mediation by an ALJ for failure to prosecute. Her appeal to the Commission was dismissed for lack of jurisdiction based on an untimely appeal. We reversed the decision of the Commission finding that the appeal was timely and remanded the case to the Commission with directions that claimant's application for review be considered. Id. at 835.
The Commission remanded the case to the Division of Workers' Compensation ("the Division") with instructions to schedule the matter for a hearing to fully develop the facts surrounding the order of dismissal. On February 16, 2000, the Division, pursuant to the Commission's order, held a hearing. Shelton presented no evidence but submitted a stipulation of facts. On May 16, 2000, the Commission issued an order affirming the dismissal of Shelton's claim. The Commission found no evidence that Shelton made efforts to prosecute or settle her claim before or after she was ordered by the Division to attend any future medical appointments and subsequently failed to comply with that order. Shelton now appeals the Commission's order affirming the dismissal.
When reviewing the decision of the Commission in workers' compensation cases, we review only questions of law. Williams v. DePaul Health Center, 996 S.W.2d 619, 625 (Mo. App. 1999). We "may modify, reverse, remand for rehearing, or set aside the award upon any of the following grounds and no other: (1) That the commission acted without or in excess of its powers; (2) That the award was procured by fraud; (3) That the facts found by the commission do not support the award; and (4) That there was not sufficient competent evidence in the record to warrant the making of the award." Section 287.495.1 RSMo (Supp. 1999). Decisions that are clearly interpretations or application of law are reviewed without deference to the Commission's judgment. Files v. Wetterau, Inc., 998 S.W.2d 95, 97 (Mo. App. 1999).
In her first point on appeal, Shelton claims the Commission erred in affirming the Division's order of dismissal based on a lack of jurisdiction because the initial order of dismissal was entered during mediation, which violated the Division's docket procedures. She argues that because her claim was dismissed at a mediation setting she was not put on notice that her claim was in danger of being dismissed. In addition, she claims that the local rules and procedures of the Division allow a dismissal only at a dismissal setting or hearing setting. The Division's local rules and procedure state that " n order indicating that a claim has been dismissed for Failure to Prosecute may be issue
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