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Muller v. St. Louis Housing Authority11/1/2005
Opinion Vote: DISMISSED.
Hoff, J., and Draper, III, J., concur.
Opinion:
In this workers' compensation case, St. Louis Housing Authority (SLHA) appeals from a partial final award of the Labor and Industrial Relations Commission. Because there is not a final, appealable award, we dismiss for lack of jurisdiction.
Factual Background
The claimant, Joseph Muller, was employed by Evan Thibault Garden Design, Inc.. Thibault was hired by SLHA to perform landscape work at seventeen housing complexes owned by SLHA. While working at one of these sites, the claimant lifted a wheelbarrow full of debris to empty it into a dumpster and experienced what he described as a "bolt of electricity," which shot down the back of his neck and into his arms and legs. The claimant also felt numbness and a vibration. The claimant experienced these same sensations on several more occasions when he lifted wheelbarrows into the dumpster. The claimant then stopped lifting, attempted light-duty work for a short time, and sought medical attention. An MRI showed a large herniated cervical disc with severe spinal-cord compression. The claimant later underwent three cervical-spine surgeries. The claimant never returned to work, is unable to use his upper extremities for work, and has disabling pain for which injections are currently prescribed for relief.
The claimant filed his workers' compensation claim against both Thibault and SLHA. Thibault did not carry workers' compensation insurance and was later discharged in bankruptcy . The claim against Thibault was dismissed, and the claimant proceeded on his claim against SLHA, asserting that he was the statutory employee of SLHA. The Administrative Law Judge found SLHA to be a statutory employer under Section 287.040.1 RSMo. 1994 and liable for benefits to the claimant. The ALJ found that the claimant sustained permanent total disability as a result of the reported neck injury, and awarded him the following: (1) unpaid medical expenses of $187,562.00; (2) out-of-pocket prescription drug expenses in the amount of $2,110.25; (3) 188.57 weeks of temporary total disability in the amount of $97,926.28; and (4) permanent and total disability beginning May 3, 2001, and continuing for the remainder of the claimant's life. SLHA appealed to the Commission.
On October 19, 2004, the Commission, pursuant to sections 286.090 and 287.510, entered a partial final award affirming the award and decision of the ALJ as to all issues except attorney's fees and past medical expenses. The Commission modified the ALJ's allowance of attorney's fees. The Commission, however, did not decide the issue of past medical expenses and left the issue open for future determination. By separate order, the Commission remanded the issue of past medical expenses to the Division of Workers' Compensation to schedule a hearing on various issues related to the past medical expenses.
Although the issue of past medical expenses had been remanded to the Division, SLHA filed an appeal of the Commission's October 19, 2004 partial final award with this Court. SLHA contends the Commission erred in finding SLHA to be a statutory employer, and in finding that the claimant suffered an injury that arose out of and in the course of his employment.
Discussion
This Court has a duty to determine sua sponte whether it has jurisdiction. Lane v. Lensmeyer, 158 S.W.3d 218, 222 (Mo. banc 2005). Without jurisdiction, the appeal must be dismissed. Id. This Court has no appellate jurisdiction in a workers' compensation case except as expressly conferred by statute. Schwarzen v. Harrah's St. Louis Riverport, 72 S.W.3d 223, 224 (Mo.Ap
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