AB Electrical, Inc. v. Franklin

2018 WL 4198914

Factual Background:

Claimant was an employee of AB Electrical, Inc.  He was working on a scaffold performing plaster work when he fell from the scaffolding and suffered injuries to his head, neck, and back.  Claimant was taken to the hospital where the medical staff conducted a drug test of his urine, which showed the claimant had THC in his system which he had ingest at some point prior to the fall.

Comission Decision:

After hearing all evidence, the Commission determined the employer did not present evidence sufficient to establish that both that the claimant violated the employer’s drug policy and that the claimant’s injury was proximately caused by his use of an unlawful drug at work.  Thus, the employee was entitled to benefits under Missouri Workers’ Compensation law. The Commission awarded TTD, ordered the employer pay past medical, and found the employer responsible for future medical treatments.  The award was deemed temporary or partial and left the matter open until a final award was issued. 

Analysis/Holding:

The Appellate Court dismissed the appeal brought by the employer.  The court strictly applied the Missouri Workers’ Compensation law as it relates to the “finality rule” which provides an award must be final before a court of appeals has statutory authority to review a Commission decision.    The court declined to use a judicially created exemption that allowed for appellate courts to review the issue of employer liability prior to a final judgement. The court followed suit with the Southern and Eastern Districts of Missouri who had previously disregarded this exemption, holding that appellate courts do not have such authority.  Thus, the court effectively overturned a once recognized judicially created exception to the general rule against the authority to appeal a temporary judgment.  

The Takeaway:

The Western, along with the Eastern and Southern, District Courts of Appeal do not have the statutory authority to review cases where the employer is appealing a ruling on employer liability in temporary awards by the Commission.  Appellate courts will now apply the stricter reading of the 2005 Missouri Workers’ Compensation statute.  The court implies that courts of appeals still have the statutory authority to review cases of “temporary” awards of permanent total disability as these are effectively “final” decisions.  This decision does not affect the Commission’s right to review a temporary award.