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Breckle v. Hawk's Nest2/6/2001
on necessarily limited the Commission, upon remand, solely to the issue of determining the appropriate hourly rate of compensation for such nursing services. The directive of this Court did not allow the Commission to inquire, upon remand, into the issue of how many hours of nursing care Appellant's spouse had provided him in the past.
Accordingly, the Commission exceeded its authority upon remand in revisiting the issue of whether or not Appellant required or had received constant care, as this Court had already determined that he required constant care and supervision and was entitled to compensation on that basis. Upon remand, a trial court or administrative tribunal is bound to enter judgment in conformity with the appellate court's mandate. West Lake Quarry and Material Company v. city of Bridgeton, 776 S.W.2d 904, 905 (Mo. App. E.D. 1989). Its proceedings contrary to the mandate are null and void. Id.
A decision by this Court "is law of the case on all points raised and decided and our decision continues to govern throughout all subsequent proceedings both in the trial and appellate courts." Southwestern Bell Telephone Co. v. Buie, 758 S.W.2d 157, 161 (Mo. App. E.D. 1988). Point I is granted.
In his second point, Appellant argues that the Commission exceeded its authority and acted outside the scope of this Court's prior mandate when it failed to award him any compensation at all for nursing services for the period of November 1, 1997 through September 21, 1999, the date of the remand evidentiary hearing. This decision was based on the Commission's finding, from evidence introduced at the remand hearing, that Appellant and his wife had separated on or about November 1, 1997, and that she no longer provided services to him after that time.
Again, the Commission's decision misapprehends and fails to follow our prior mandate in Breckle, which held that Appellant was entitled to past and future compensation for constant (round-the-clock) home nursing care, whether such care is provided by his spouse or some other caregiver. It does not matter who provides the care; we have held that Appellant is entitled to the care, and to the necessary money to pay for it, regardless.
Accordingly, the Commission erred in denying Appellant compensation for nursing services during the period of November 1, 1997 through September 21, 1999, as Appellant was entitled to compensation for the entire period on the basis of 24 hours per day, 7 days per week, 52 weeks per year. Point II is granted.
For the foregoing reasons, the Commission's award is reversed. We remand this matter to the Commission with instructions to enter a new award, which award shall be based on the assumption that all past and future in-home nursing services provided to Appellant, during all relevant time periods, are compensable and to be calculated on the basis of constant need----that is, 24 hours per day, 7 days per week, 52 weeks per year. Upon remand, the Commission shall be limited to making a finding as to the appropriate hourly rate of compensation for all such past and future nursing services. If the record is inadequate, the Commission may require further evidence solely on that issue.
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