 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Breckle v. Hawk's Nest2/6/2001
ntered into evidence a deposition of his testimony. Also entered into evidence were depositions containing opinion testimony from two registered nurses.
The Commission then entered its order dated February 10, 2000, in which it noted its previous order finding Hawk's Nest liable to provide future nursing services by either furnishing Appellant necessary home nursing care, or in the alternative, compensating him for his wife's nursing services at the rate established by Appellant's evidence.
The Commission ordered Hawk's Nest to pay compensation for past nursing services from April 1, 1989 through October 31, 1997, for four hours per day of care, in an amount totaling $61,467.92. It did not award compensation for nursing services from November 1, 1997, through the date of the September 21, 1999 hearing, however, because it found that he and his wife had separated during that period and she no longer provided nursing services to him.
DISCUSSION
We may modify, reverse, remand for rehearing, or set aside an award or decision of the Commission only if the Commission's actions were unauthorized by law, in excess of its authority, procured by fraud, unsupported by the facts as found by the Commission, or unsupported by competent evidence in the whole record. Mann v. Varney Construction, 23 S.W.3d 231, 232 (Mo. App. E.D. 2000). The right to benefits is to be liberally interpreted, and any doubt as to the right of an employee to compensation must be resolved in favor of the injured employee. Wolfgeher v. Wagner Cartage Service, Inc., 646 S.W.2d 781, 783 (Mo. banc 1983).
In his first point, Appellant contends the Commission erred and failed to follow the mandate of this Court on remand when it found Appellant entitled to compensation for only 4 hours of nursing care per day, rather than 24 hours, after this Court specifically ruled in its prior opinion that Appellant needs constant observation and supervision. Appellant argues that the Commission was directed to determine the reasonable amount of compensation to be paid Appellant for full-time nursing services, not the amount of care Appellant required.
The opinion in Appellant's first appeal was replete with references indicating that this Court conclusively determined that Appellant was in need of, and was entitled to, constant (that is, 24-hour-per day) in-home nursing services. See Breckle v. Hawk's Nest, Inc., 980 S.W.2d 192, 193 (Mo. App. E.D. 1998). We determined in Breckle that Appellant had required this level of nursing care since the date of injury, and would require such constant care for the indefinite future. Further, the opinion of this Court stated:
e reverse and remand this matter to the Commission in order to determine the amount of reasonable compensation for Mrs. Breckle's past and future nursing services for which [Appellant] may be compensated. Her services went beyond those ordinarily provided by a spouse and require compensation. If the record is inadequate, then the Commission should require further evidence and make an award requiring employee-insurer to furnish necessary home nursing care or, in the alternative, compensate [Appellant] only for wife's nursing services. Breckle, 980 S.W.2d at 194-195.
Thus, properly construed, the mandate of our prior opinion in Breckle required that Appellant be compensated for all past and future in-home nursing services since the date of his injury on a constant (that is, 24-hour-per day) basis. This compensation is due to Appellant, and is for his benefit and use in securing needed home nursing care, whether such care comes from his wife or some other source. For the same reason our mandate in the prior opini
Page 1 2 3 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|