K&D Auto Body8/16/2005
Opinion Vote: AFFIRMED.
Ulrich, P.J., and Smart, Jr., J., concur.
Opinion:
K&D Auto Body, Inc. ("K&D") appeals a June 16, 2004 Order of the Labor and Industrial Relations Commission of Missouri ("Commission") affirming the Division of Employment Security's ("Division's") determination that, pursuant to the applicable provisions of Chapter 288 (the Missouri Employment Security Law), several dozen tow truck drivers engaged by K&D were employees of K&D, not independent contractors, since they performed services for "wages" in "employment" by K&D within the meaning of those terms as defined in sections 288.034.1 and 288.036.1.
Our review of the Commission's decision is governed by section 288.210, which provides, in relevant part:
The findings of the commission as to the facts, if supported by competent and substantial evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the appellate court shall be confined to questions of law. The court, on appeal, may modify, reverse, remand for rehearing, or set aside the decision of the commission on the following grounds and no other:
(1) That the commission acted without or in excess of its powers;
(2) That the decision was procured by fraud;
(3) That the facts found by the commission do not support the award; or
(4) That there was no sufficient competent evidence in the record to warrant the making of the award.
Decisions of the Commission "which are clearly the interpretation or application of the law, as distinguished from a determination of facts, are not binding upon us and fall within our province of review and correction." Merriman v. Ben Gutman Truck Serv., Inc. , 392 S.W.2d 292, 297 (Mo. 1965) (internal quotation marks omitted). "We independently review such questions without giving any deference to the Commission's conclusions." CNW Foods, Inc. v. Davidson , 141 S.W.3d 100, 102 (Mo. App. S.D. 2004).Moreover, where the Commission's "finding of ultimate fact is reached by the application of rules of law instead of by a process of natural reasoning from the facts alone, it is a conclusion of law and subject to our reversal." Merriman, 392 S.W.2d at 297; see also Baxi v. United Techs. Auto. , 956 S.W.2d 340, 343 (Mo. App. E.D. 1997). Accordingly, in reviewing the correctness of the Commission's legal conclusion that, based on the facts found by the Commission, the drivers in question were employees of K&D rather than independent contractors, we exercise our own independent judgment and do not defer to the Commission's conclusion, including the way in which it arrived at that conclusion by balancing, weighing, and applying the various facts it found.
"The Commission's factual findings, on the other hand, are treated deferentially." CNW Foods, 141 S.W.3d at 102; section 288.210 . As to such findings, "the reviewing court does not substitute its judgment for that of the ommission[.]" Merriman , 392 S.W.2d at 296. Rather, " bsent fraud, the Commission's factual findings are conclusive on appeal if they are supported by competent and substantial evidence upon the whole record and are not clearly against the overwhelming weight of the evidence." CNW Foods, 141 S.W.3d at 102.
The facts of this case as found by the Commission are largely undisputed. K&D, which also does business as M&M Towing, is an employer subject to the Missouri Employment Security Law. It runs a towing service and owns several tow trucks for that purpose. K&D engages various individuals to drive the trucks. These individuals are asked to sign an agreement, which states that the d
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