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Smith v. Richardson Brothers Roofing9/18/2000
Jess W. Smith ("Claimant") was injured at work when several drums or "sticks" of asphalt, weighing ninety two pounds each, fell off a pallet striking him across the back and knocking him down. The Administrative Law Judge ("ALJ") who heard the case determined that as a result of his accident Claimant was permanently and totally disabled. Accordingly, the ALJ awarded compensation and, inter alia, awarded past and future medical benefits. The Labor and Industrial Relations Commission ("Commission") affirmed and incorporated the award issued by the ALJ. Appellants, Richardson Bros. Roofing, the employer of Claimant, and Hartford Accident Indemnity Company, insurer for Richardson Bros. Roofing, now appeal the Commission's decision, raising three major points of error, discussed below. We affirm.
"The fundamental purpose of the Workers' Compensation Law is to place upon industry the losses sustained by employees resulting from injuries arising out of and in the course of employment." Cochran v. Industrial Fuels & Res., 995 S.W.2d 489, 492 (Mo.App. 1999). "The law is to be broadly and liberally interpreted, extending its benefits to the largest possible class. Questions as to the right of an employee to compensation are resolved in favor of the employee." Id.
The Commission "is charged not only with reviewing the record but, when appropriate, determining the credibility of witnesses and the weight to be given their testimony, resolving any conflicts in the evidence, and reaching its own conclusions independently of the ALJ's findings." Id. Where the Commission "attaches and incorporates the ALJ's award and decision, this court considers the findings and conclusions of the Commission as including the ALJ's award." Id.
In our review of an appeal of a workers' compensation claim, this Court engages in a two-step process. Id. at 494. First, we "examine the whole record, viewing the evidence and all reasonable inferences drawn therefrom in the light most favorable to the award, to determine if the record contains sufficient competent and substantial evidence to support the award." Cochran, 995 S.W.2d at 494. If it does not, then the Commission's award must be reversed. Id. However, if there is competent and substantial evidence supporting the award, the court moves to the second step, where we view the evidence in the light most favorable to the award. Id. In doing so, we consider all the evidence in the record, including that which opposes or is unfavorable to the award and take into account the overall effect of all of the evidence and determine whether the award is against the overwhelming weight of the evidence. Id.; see Avery v. City of Columbia, 966 S.W.2d 315, 319-20 (Mo.App. 1998).
We initially review Appellants' Point Two, which asserts that the Commission erred in dismissing Appellants' Amended Application for Review as untimely. While Appellants filed their Application for Review within twenty days of the ALJ's award, they attempted to file an Amended Application for Review thirty-seven days after the ALJ's award. We must decide whether the law in Missouri permits amendment of an Application for Review once twenty days have elapsed after the ALJ's award.
The ALJ made his Award on February 9, 1999, finding Claimant permanently and totally disabled. Appellants filed their Application for Review on March 1, 1999, and--following Claimant's response to the allegations--filed their Amended Application for Review on March 19, 1999. The amendment added claims of error not contained in the original application. The Commission cited section 287.480, RSMo Cum. Supp. 1998, in holding that " ny amendments to Applications for Review must be filed within t
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