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Missouri Forge10/30/2003
Missouri Forge, Inc. ("Appellant") appeals the decision of the Labor and Industrial Relations Commission (the "Commission") to grant unemployment benefits to Joie L. Turner ("Claimant"). The dispositive issue is whether Claimant quit his job at Missouri Forge with "good cause." We hold that the record does not support a finding that Claimant quit his job with "good cause," and that the Commission erred in awarding Claimant unemployment benefits. We reverse the Commission's ruling.
In November 1991, Claimant began work as a "hammer-machine operator" for Missouri Forge, Inc. in Doniphan, Missouri. In 1996, 1998, and 1999, Claimant suffered injuries at work, although the record is silent as to the nature of those injuries. In 2001, Claimant began to experience severe back pain, and was referred by his family physician to a neurosurgeon in Cape Girardeau, Missouri. Claimant underwent a "discogram" during a previously scheduled vacation. On July 30, 2001, the day Claimant was to return to work from vacation, he informed Appellant that he had undergone a medical procedure for his back pain, and subsequently provided Appellant with a note from his neurosurgeon stating that he was disabled for two weeks. Without returning to work, Claimant underwent a double fusion of his "L-4 and L-5" vertebrae on September 20, 2001, and informed Appellant that he would need three to six months to recover.
Claimant, who was aware of Appellant's policy that employees who did not report for work or "call in" for three consecutive workdays were "self-terminat ," remained in contact with Appellant with updates on his recovery. Claimant testified that after his back surgery, he was in considerable pain, but still checked in with Appellant on a regular basis. Claimant's last regular contact with Appellant concerning his progress was on January 28, 2002.
On April 10, 2002, Claimant notified Appellant that his neurosurgeon had cleared him for "light duty," which meant that he had numerous restrictions on his work activities. Appellant informed Claimant that there were no jobs available at Missouri Forge that Claimant would be able to perform. Claimant then filed a claim for unemployment benefits with the Missouri Division of Employment Security ("DES"). Appellant contested this claim, and DES found that Claimant quit his job without "good cause." DES ruled that according to section 288.050.1(1) an employee who quits his or her job without "good cause" is not entitled to unemployment benefits.
Claimant appealed DES's decision on April 30, 2002 to the DES Appeals Tribunal (the "Tribunal"). The Tribunal held a hearing by telephone conference on May 24, 2002, but Appellant's representative was not available to testify at that hearing, and the Tribunal received only Claimant's evidence. The Tribunal ruled that Claimant quit his job for personal reasons without "good cause," and upheld DES's decision to deny benefits. The Tribunal also modified the termination date to January 28, 2002, because Claimant failed to maintain regular contact with Appellant after that date.
Claimant appealed the Tribunal's decision to the Commission. On December 16, 2002, the Commission reversed the findings of DES and the Tribunal, ruling that "good cause" existed for Claimant to quit his job . The Commission specifically found that Claimant's back injury was a work-related injury, in contrast to the previous findings that Claimant quit his job for personal reasons. Because the Commission found Claimant had "good cause" to quit his job, it granted him unemployment benefits. Appellant now appeals the Commission's decision.
Initially, we note that Claimant failed to file a brief with this c
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