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Custer v. Hartford Insurance Co.8/23/2005
.W.2d 377, 384 (Mo. App. E.D. 1998).
"This court is constitutionally bound to follow the most recent controlling decision of the Missouri Supreme Court." Kinder v. Missouri Dep't of Corrections, 43 S.W.3d 369, 374 (Mo. App. W.D. 2001) (citing Mo. Const. art. V, Section 2). As the approach suggested by the Dissent would deviate from and, in fact, would require the overruling of the most recent controlling decisions of the Missouri Supreme Court, this court cannot entertain the changes to the existing case law proposed by the Dissent.
Moreover, on appeal, Hartford makes no claim that the cases requiring that any doubts as to the right of an employee to compensation should be resolved in favor of the injured employee should be overruled. Accordingly, any claim of error related to the Commission's application of that rule and its continued viability and application to this Court's review has not been raised by the appellant, is not preserved for appeal, and need not be addressed by this Court. Eckhoff v. Eckhoff, 71 S.W.3d 619, 624 n. 1 (Mo. App. W.D. 2002).
In its first point on appeal, Hartford merely contends that the evidence does not support the Commission's finding that Custer sustained his injuries in the course and scope of his employment because the going to and coming from work rule applies to preclude an award of benefits, claiming that none of the exceptions to that rule are applicable. Hartford specifically contends that Custer was not on a special errand for the employer and that there was no mutual benefit to the employer in Custer's journey home.
"We determine whether the award is supported by competent and substantial evidence 'by examining the evidence in the context of the whole record.'" Moriarty v. Treasurer of State of Missouri, 141 S.W.3d 69, 72 (Mo. App. E.D. 2004) (quoting Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 223 (Mo. banc 2003)). We must ascertain "whether the Commission could have reasonably made its findings and reached its result upon consideration of all of the evidence before it." Henley v. Tan Co., 140 S.W.3d 195, 198 (Mo. App. S.D. 2004). We "'examine the whole record to determine if it contains sufficient competent and substantial evidence to support the award, i.e., whether the award is contrary to the overwhelming weight of the evidence.'" Moriarty, 141 S.W.3d at 72 (quoting Hampton, 121 S.W3d at 222-23).
In making this determination, this Court does not reweigh the evidence. Henley, 140 S.W.3d at 198. Findings of fact made by the Commission within its powers are conclusive and binding. Id. (quoting Section 287.495.1 ). Accordingly, " n issues concerning credibility and the weight to be given conflicting evidence, we defer to the Commission's judgment." Moriarty, 141 S.W.3d at 72. "However, we independently review questions of law without deference to the Commission's findings." Henley, 140 S.W.3d at 198.
"The purpose of Workers' Compensation Law is to 'place upon industry the losses sustained by employees resulting from injuries arising out of and in the course of employment and, consequently, the law should be liberally construed so as to effectuate its purpose and humane design.'" Rogers v. Pacesetter Corp., 972 S.W.2d 540, 542-43 (Mo. App. E.D. 1998) (quoting James v. CPI Corp., 897 S.W.2d 92, 94 (Mo. App. E.D. 1995)). "The law must be broadly and liberally interpreted and is intended to extend its benefits to the largest possible class." Hilton, 892 S.W.2d at 630. "Therefore, ' ny question as to the right of an employee to compensation must be resolved in favor of the injured employee.'" Rogers, 972 S.W.2d at 543 (quoting Breeneisen v. Leach 's Standard Service Station, 806 S.W.2d 443, 445 (M
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