Bock v. Broadway Ford Truck Sales8/9/2005
This workers' compensation matter is before us after proceedings before the Labor and Industrial Relations Commission (Commission) upon remand after our earlier opinion in Bock v. Broadway Ford Truck Sales, Inc., 55 S.W.3d 427 (Mo. App. E.D. 2001).Broadway Ford Truck Sales, Inc. (Employer) and Reliance Insurance Company c/o Illinois Insurance Guarantee Association (Insurer) appeal, and Alice Bock (Claimant), surviving spouse of the employee, Charles W. Bock (Charles), deceased, cross - appeals from the August 6, 2004 Final Award of the Commission (the 2004 award). In the 2004 award, the Commission found Charles sustained 17.5% permanent partial disability (PPD) as a result of an occupational disease; ordered Employer/Insurer to pay Claimant $19,489.40 in PPD benefits; found Charles was temporarily totally disabled (TTD) from his occupational disease from May 5, 1998, through July 16, 1998; ordered Employer/Insurer to pay Claimant TTD benefits for 10.3 weeks; found the Second Injury Fund (SIF) pursuant to agreement, was liable for 14 weeks or $3,897.88; allowed Claimant's attorney a fee of 25% of the benefits awarded for necessary legal services; and ordered past due compensation to bear interest. The Commission's 2004 award also included an "Alternative Award." We consolidated the parties' appeals. We vacate and set aside our earlier opinion to the extent it addressed any issue beyond the dismissal of Employer/Insurer's untimely appeal, and remand this matter to the Commission for the vacating of its 2004 and 2000 decisions, as well as the 1999 award of the Administrative Law Judge (ALJ), and for resolution of Claimant's claims, as amended.
Charles worked for Employer as a heavy truck mechanic. Charles's original and amended worker's compensation claims arose from back injuries he allegedly sustained as the result of a fall at work on April 23, 1998, and movements he performed as a mechanic. By its initial decision issued in 2000 (the 2000 award), the Commission modified and then affirmed a 1999 decision by an ALJ, which denied Claimant's claim for past medical expenses, future medical care, and TTD, and assessed PPD at 17.5% due to the occupational disease and not due to the accident. Claimant appealed, as did Employer/Insurer. Bock, supra.
In resolving that appeal in 2001, we dismissed Employer/Insurer's appeal as untimely, Bock, 55 S.W.3d at 435-36; reversed the PPD decision as going "beyond the issues stipulated for trial and . . . [as being] in excess of [the Commission's] power," id . at 436; affirmed the denial of past medical expenses and future medical care, id . at 437; reversed the TTD award to the extent the Commission had not addressed TTD "attributable to the occupational disease for the period from May 5, 1998, . . . to July 16, 1998," id . at 438; and affirmed the Commission's decision regarding the burden of proof, the credibility of a physician, and the denial of Claimant's motion to submit additional evidence, id . at 438-39. We remanded the cause "to provide [Claimant] an opportunity to present evidence as to [Charles's] disability," id . at 436, and remanded the TTD determination due to the absence of a finding of "temporary disability, if any, attributable to the occupational disease for the period" May 5, 1998, to July 16, 1998. Id. at 438.
On remand the Commission sent the matter to the ALJ for a hearing at which Claimant could present evidence, and Employer/Insurer could present rebuttal evidence, regarding Charles's disability. The Commission directed the ALJ to rule on any evidentiary objections. In an order limiting the issues on remand, the ALJ noted the Commission's order did "not define what On remand the Commission sent the matter to the ALJ f
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