 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Medrano v. Marshall Electric Contracting Inc.7/26/2005
Opinion Vote: AFFIRMED.
Breckenridge, P.J., and Lowenstein, J., concur.
Opinion:
Marshall Electrical Contracting, Inc. (MEC) appeals from the Labor & Industrial Relations Commission's award of death benefits to the dependents of Immar Medrano. MEC seeks reversal of the award based on two points of error: (1) the Commission erred in determining that Medrano's accidental death arose out of and in the course of his employment with MEC; and (2) due process was denied because the administrative review was conducted by only two of the three Commission members.
FACTUAL AND PROCEDURAL HISTORY
Immar Medrano was fatally injured on February 28, 2001, when his car collided head-on with a drunk driver who crossed the centerline of U.S. Highway 65. Medrano was employed by MEC as a journeyman electrician in Marshall. At the time the accident occurred, he was driving home from an electrician apprenticeship night class in Sedalia, for which MEC had paid his tuition and book fees.
Medrano's wife and two children filed a workers' compensation claim for death benefits against MEC. After a hearing, the administrative law judge (ALJ) denied the claim based on a determination that Medrano's death did not arise out of nor within the course and scope of his employment.
Medrano's dependents sought review from the Labor & Industrial Relations Commission. One of the Commission members, John B. Boyd, recused himself because he was the attorney for the dependents at the ALJ hearing. Medrano's dependents sought review from the Labor & Industrial Relations Commission. One of the Commission members, John B. Boyd, recused himself because he was the attorney for the dependents at the ALJ hearing. The administrative review was conducted by the two remaining Commission members, who reversed the ALJ's decision and awarded death benefits to Medrano's dependents. The Commission determined the claim was compensable because Medrano's attendance at the apprenticeship class mutually benefited him and his employer. MEC appeals from the Commission's final award of death benefits.
STANDARD OF REVIEW
On appeal, we must affirm the Commission's final award unless it acted without or beyond its power, the award was procured by fraud, the facts found do not support the award, or the award is not supported by sufficient competent evidence in the record. section 287.495.1, RSMo 2000. We determine whether the award is supported by competent and substantial evidence by examining the facts in the context of the entire record. 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. 2004).
In making this determination, it is not our duty to reweigh the evidence. Id.Findings of fact made by the Commission within its powers are conclusive and binding. section 287.495.1. While this generally requires that we defer to the Commission's credibility determinations, if those determinations as to witnesses who gave live testimony before the ALJ differ from those made by the ALJ, we must also consider the ALJ's credibility findings along with reasons the Commission differed from those findings. See Goerlich v. TPF, Inc., 85 S.W.3d 724, 729 (Mo.App. 2002) (overruled on other grounds by Hampton, 121 S.W.3d 220). With regard to questions of law, our review is independent and without deference to the Commission's findings. Henley, 140 S.W.3d at 198.
POINTS ON APPEAL
Mutual Benefit Doctrine<
Page 1 2 3 4 5 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|