In Minies v Meadowbrook Manor, 105 S.W.3d 529 (Mo. App. E.D. 2003), claimant, employer and insurer all appealed from the Commission decision awarding compensation to claimant for an injury when bed rail fell on his right foot requiring a below-the-knee amputation. The Court of Appeals ruled that the Commission can conduct an evidentiary hearing on its own motion to determine the relationship between Meadowbrook and another employer whom the claimant listed in the timely filed claim. The Court of Appeals also upheld the Commission’s conclusion that Meadowbrook and the previous employer are related corporations.
In Benne v ABB Power T & D Co., 106 S.W.3d 595 (Mo. App. E.D. 2003), employer appealed from Commission’s decision awarding compensation and denying employer’s request to allow additional evidence to be submitted for the record which would establish that one of the Commissioners was sitting on the Commission in violation of the Missouri constitution. Court of Appeals held that the proper method for challenging the constitutional validity of an officer’s service is through quo warranto action under RSMo §531.010. Affirmed.
In Nielsen v Max One Corporation, WL 103140 (Mo.App. S.D. 2003), the employer claimed that public member Commissioner Madigan was not authorized to sit on the Commission because his Commission had not been at the advice and consent of the Missouri Senate, and beyond the expired term of the appointee he originally replaced, dismissed, because of a failure to include acts upon which this claim of err was based. The issue was not preserved on appeal, and case dismissed.
In Isringhaus v Graphics Associated, Inc., Inj. No. 99-112483 (LIRC) 2002, the Governor of Missouri can make temporary appointments of members of LIRC without the advice and consent of the Senate. See also Attorney General’s opinion 203 (1997) and Mitchell v Missouri State Highway Patrol, 809 S.W.2d 67 (S.D. 1991).