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Sodipo v. University Copiers6/13/2000
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: REVERSED AND REMANDED. Teitelman, P.J., and Ahrens, J., concur.
Opinion:
The Second Injury Fund ("SIF") appeals from the Labor and Industrial Relations Commission's ("Commission") affirmance of an award by the Administrative Law Judge ("ALJ") for Adetayo Sodipo ("Claimant") on a jurisdictional issue and increase in Claimant's monetary award. On appeal, the SIF contends that the Commission erred in: (1) considering the merits of the case because the Commission lacked jurisdiction over this matter in that the workers' compensation law does not apply when an employee and employer are related within the third degree of affinity or consanguinity; (2) ordering the SIF to pay $3,757.78 in medical expenses already paid by a private insurer; (3) ordering the SIF to reimburse Claimant for his medical expenses given that section 287.220.5 RSMo. (1994) requires that payment be made directly to the medical providers; and (4) awarding attorneys' fees to be paid by the SIF, which is not authorized by section 287.220.5. We reverse and remand.
Facts
Claimant was injured on February 17, 1995, when he was struck in the eye by a customer while working at University Copiers. As a result of the assault, Claimant suffered extensive right eye injury and required both eye and cheekbone reconstruction. Claimant subsequently filed a workers' compensation claim against Adeyemo Sodipo d/b/a/ University Copiers ("Employer"), and both parties agreed at the hearing before the ALJ that they were operating under the provisions of the Missouri Workers' Compensation Law. Although Employer thought he was covered by a valid workers' compensation policy on the date of the injury, he subsequently learned that his business was not insured by such policy. As a result, Claimant filed a workers' compensation claim against the SIF pursuant to section 287.220.5 for his medical expenses. During the hearing before the ALJ, Adeyemo testified that he was both the sole owner of University Copiers and Claimant's older brother. The ALJ issued an award against the SIF for $7,640.86 in outstanding medical expenses, subject to a 25% attorneys' fee.
The SIF requested review by the Commission of the ALJ's award on the jurisdictional issue, contending that the workers' compensation law does not apply because Claimant and Employer are related within the third degree of affinity or consanguinity. Claimant also appealed the ALJ's decision, alleging that his outstanding medical bills totaled $13,689.86, rather than $7,640.86. The Commission affirmed the award as to the jurisdictional issue and the 25% lien for legal fees, but increased the monetary amount of Claimant's award to $17,497.64. This amount included $13,689.86 in unpaid medical expenses, and $3,757.78 in medical expenses already paid by Claimant's private insurer. The SIF appeals from the Commission's decision.
Analysis
This appeal raises four claims of error based upon the Commission's allegedly incorrect interpretation of law in rendering its decision against the SIF. Appeals from awards made by the Commission are governed by section 287.495, which states in pertinent part that " he court, on appeal, shall review only questions of law and may modify, reverse, remand for rehearing or set aside the award . . . [where] there was not sufficient competent evidence in the record to warrant the making of the award."
The SIF first contends that the Commission erred in considering the merits of this case because it lacked jurisdiction over this matter in that the workers' compensation law does not apply pursuant to section 287.090.1(
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