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Medrano v. Marshall Electric Contracting Inc.7/26/2005
sure to the perils of the highway is related to the employment even though the employment is not the sole cause of such exposure to such risks but is combined with or is a concurrent personal cause, the benefit of compensation is not to be withdrawn." Id. (citation omitted).
We find no error in the Commission's determination that Medrano suffered a compensable injury while traveling home from the employer-sponsored apprenticeship night class. The record supports a finding that MEC benefited from Medrano's attendance at the class and, therefore, the Commission properly applied the law in concluding that Medrano's death arose out of and in the course of his employment. Point denied.
Due Process
In its second point, MEC contends due process was denied because the administrative review was conducted by only two of the three Commission members. Commission member, John B. Boyd, recused himself from the review because he had served as attorney for the Medrano family at the ALJ hearing (prior to his Commission appointment). Because Mr. Boyd was the only Commission member who was licensed to practice law, MEC argues an acting commissioner should have been appointed to replace him, and the review should not have proceeded with the two non-lawyer members. MEC argues it was denied "the opportunity to be heard at a meaningful time and in a meaningful manner," as contemplated by the due process requirements of the Missouri Constitution, Art. I, Section 10, because the review was conducted by two commissioners who had no legal training. Willard v. Red Lobster, 926 S.W.2d 550, 553 (Mo.App. 1996).
Pursuant to the Missouri Constitution and statutory authority, the Labor and Industrial Relations Commission is made up of three appointed members, each serving in a representative capacity: an attorney/public representative, an employer representative, and an employee representative. Pursuant to the Missouri Constitution and statutory authority, the Labor and Industrial Relations Commission is made up of three appointed members, each serving in a representative capacity: an attorney/public representative, an employer representative, and an employee representative. M O. C ONST., Art. IV, Section 49; Section 286.010. "Any two commissioners shall constitute a quorum" for purposes of an administrative review and any other business of the Commission. Section 286.010 (emphasis added). Despite previous challenges to the constitutionality of the quorum provision, our court has determined the Commission can lawfully operate with only two members. Terrell v. Bd. of Educ. of St. Louis, 871 S.W.2d 20, 22 (Mo.App. 1993). A workers' compensation award issued by a quorum of the Commission is valid and enforceable. Id.
There is no requirement that one member of the quorum must be a licensed attorney. MEC fails to provide any support for its argument in this regard. The Commission could properly proceed without a replacement for Mr. Boyd because an award rendered by "any two commissioners" is lawful. Section 286.010. We find no due process violation in the award of death benefits to Medrano's dependents.
All concur.
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