Basically, an Appeal from an award of an ALJ must be taken from the final award of an ALJ. In the case where the case has been accepted for compensability, and the employer later cuts off temporary total disability, the award reinstating the temporary total disability is not a “final” award. If, however, he employer initially denied ALL liability, including accident, then it is a final award.
In Brewer v Republic Drywall, 145 S.W.3d 506 (Mo.App.S.D. 2004), employer sought sanctions against workers’ compensation insurance carrier regarding carrier’s failure to comply with court order requiring corporate representative to appear for deposition concerning coverage dispute. The Commission issued a temporary award affirming the ALJ’s decision to impose sanctions. The carrier appealed the Commission decision. The Court of Appeals found that the Commission award was final and appealable despite being designated a temporary or partial award, since the appellate issue concerned whether the employer was liable for paying any compensation to the claimant.
In Schwarzen v Harrah’s St. Louis Riverport, 72 S.W. 3d 223 (Mo.App. E.D. 2002), the ALJ gave a TTD award, for lost time. The employer had admitted compensability, and denied liability for medical causal connection between accident and degenerative disc disease. This does not make the ALJ award a final award rather than TTD award. Since there was not a denial of all liability, including accident.