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Custer v. Hartford Insurance Co.8/23/2005
lly discharged from the intensive care unit on December 16, 1997. On December 30, 1997, Custer was deemed medically stable and was transferred from KU Medical Center to the Rehabilitation Institute. He left the Rehabilitation Institute on May 8, 1998, and went to Duke University to have his urethra repaired and rerouted. Subsequently, Custer received further medical treatment and therapy.
On October 23, 2000, Hartford sent Custer a letter indicating that they could not identify a position for him and that they were, therefore, terminating his employment. On November 2, 2000, Custer filed a claim for compensation with the Division of Workers' Compensation. Custer filed an amended claim on December 26, 2000. Hartford timely filed answers to both pleadings.
An administrative law judge ("ALJ") heard the claim on March 25, March 26, and April 8, 2002. On June 25, 2002, the ALJ issued her opinion finding that Custer's accident had occurred in the scope and course of his employment and that he was permanently and totally disabled as a result of the injuries he sustained.
On July 12, 2002, Hartford filed its application for review by the Commission. Subsequently, the Commission ruled that the ALJ's award was supported by competent and substantial evidence and adopted that award and decision as its own. Hartford brings two points on appeal.
Our standard of review requires us to "affirm the Commission's final decision unless it acted without or beyond its power, the decision was procured by fraud, the facts found do not support the decision, or the decision is not supported by sufficient competent evidence in the record." Higgins v. Treasurer of State of Missouri, 140 S.W.3d 94, 96 (Mo. App. W.D. 2004) (citing Section 287.495.1 ). "When the Commission affirms or adopts the findings of an ALJ (as it has done here), we review the decision and finding of the ALJ as adopted by the Commission." Gassen v. Lienbengood, 134 S.W.3d 75, 79 (Mo. App. W.D. 2004). "All doubts as to the right of an employee to compensation must be resolved in favor of the injured employee." Hilton v. Pizza Hut, 892 S.W.2d 625, 630 (Mo. App. W.D. 1994).
In arguing for the reversal of the Commission's award, the Dissent deviates from the latter rule, which is firmly entrenched in our case law. While the Dissent offers a thoughtful analysis of the issues involved in the manner in which the provisions of the Workers' Compensation Act are interpreted, the approach suggested by the Dissent would require this court to overrule numerous prior decisions of our Supreme Court and Court of Appeals spanning several decades. See e.g. Morrow v. City of Kansas City, 778 S.W.2d 278, 279 (Mo. banc 1990) (" n a workers' compensation case all doubts are to be resolved in favor of the employee."); Wolfgeher v. Wagner Cartage Service, Inc., 646 S.W.2d 781, 783 (Mo. 1983) ("Any doubt as to the right of an employee to compensation should be resolved in favor of the injured employee."); Kelley v. Sohio Chemical Co., 392 S.W.2d 255, 259 (Mo. 1965) (noting that the provision of Section 287.800 providing that the Workers' Compensation Act "'shall be liberally construed with a view to the public welfare' . . . has been held to mean that a doubt as to the right of compensation should be resolved in favor of the employee"); Orr v. City of Springfield, 118 S.W.3d 215, 217 (Mo. App. S.D. 2003); Bunker v. Rural Elec. Co-op., 46 S.W.3d 641, 649 (Mo. App. W.D. 2001) (" he compensation law 'is to be broadly and liberally construed and interpreted to extend benefits to the largest possible class and any doubt as to the right of compensation is to be resolved in favor of the employee."); Schuster v. State Div. of Employment Sec., 972 S
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