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State12/6/2005
State of Missouri, ex rel., David L. Otte (Relator) appeals from the trial court's judgment denying his petition for a permanent writ of mandamus (petition), which requested that the trial court order the Missouri State Treasurer, as Custodian of the Second Injury Fund (Treasurer), to pay interest on Relator's medical expenses as awarded by the Labor and Industrial Relations Commission (Commission). We reverse and remand the judgment for an evidentiary hearing.
Facts and Procedural Background
The parties are before the Court for the third time, and a brief description of their previous appeals is necessary to understand the context of the current case.
In Otte v. Langley's Lawn Care, Inc., 66 S.W.3d 64 (Mo. App. E.D. 2001) ( Otte I ), we affirmed the Commission's final award finding Langley Lawn Care, Inc. (Employer) liable for Relator's past medical expenses, future medical care, and temporary total and permanent partial disability benefits for a 1995 work-related injury. Otte I , 66 S.W.3d at 67. We further affirmed the Commission's finding that Employer had allowed its workers' compensation insurance to lapse and that Employer's insurance was not in force at the time of Relator's injury; thus, under Section 287.220.5, the Second Injury Fund (SIF), as the statutory guarantor of past and future medical expenses for uninsured employers, was liable for paying Relator's past and future medical expenses. Id . at 73. Treasurer, in its capacity as custodian of the SIF, did not appeal the portion of the Commission's award that stated, "Any past due compensation shall bear interest as provided by law."
In Otte v. Missouri State Treasurer, 141 S.W.3d 74 (Mo. App. E.D. 2004) ( Otte II ), Relator filed with the trial court an application for execution against Treasurer, as custodian of the SIF, for payment of interest accumulated on the medical expenses as awarded by the Commission. Otte II , 141 S.W.3d at 75. Relator contended that the Commission's final award conferred interest and that the SIF owed more than the exact amount of his medical bills because the sum of those bills had accumulated interest. Id . Treasurer filed a motion to dismiss and quash Relator's application for execution on the ground of sovereign immunity. Id . The trial court denied both motions, and Treasurer appealed to this Court. Id.
On appeal, Treasurer argued that it was protected from execution by the doctrine of sovereign immunity because Treasurer was a state entity and the legislature had not specifically waived sovereign immunity in the circumstances of the suit brought against Treasurer. Id. We agreed with Treasurer, finding that Chapter 513, concerning executions, governed instead of Section 287.220.5 of the workers' compensation statute. Id . at 76. We held that Chapter 513 contains no language that specifically or implicitly waives sovereign immunity; thus, Relator was prevented from bringing a Chapter 513 action in execution against Treasurer. Id . We reversed and remanded the trial court's order denying Treasurer's motions to dismiss and to quash Relator's application for execution. Id . In a footnote, however, we described an alternate remedy for Relator in the form of a petition for a writ of mandamus because "the preferred means to collect money clearly owed by the state is mandamus." Id. at 76, n. 3.
Following our opinion in Otte II , Relator filed his petition against Treasurer. In his petition, Relator alleged that he was entitled to payment from Treasurer of interest on the medical expenses awarded by the Commission because the Commission's award also conferred interest. The trial court issued a preliminary writ of mandamus and ordered Treasurer
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