Carver v. Delta Innovative Services
379 S.W.3d 865
| Mo. Ct. App. | 2012Background
- Carver, a Delta roofer, was injured October 1, 2007 while lifting a 100-pound roofing roll at a Federal Reserve project.
- Delta asserted Carver violated its three-point safety rule by carrying materials up a ladder, seeking a § 287.120.5 reduction.
- ALJ awarded Carver substantial disability benefits and a 50% reduction; the Commission affirmed the 50% cut in part.
- The court found the Commission’s findings insufficient to review whether the safety-rule reduction was supported by substantial evidence.
- Remand was ordered for explicit factual findings on (a) Delta’s reasonable-effort to enforce the rule and (b) the causal link between rule violation and injury.
- The court also addressed constitutional challenges, upholding the statute against equal-protection and vagueness challenges, and rejecting broad constitutional concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of findings for § 287.120.5 reduction | Carver contends the record lacks explicit basic facts supporting the reduction. | Delta argues there was substantial evidence of reasonable effort and causation. | Remand for explicit factual findings; current record insufficient for review. |
| Constitutionality of § 287.120.5 | Carver argues equal-protection and vagueness challenges render the statute unconstitutional. | Delta maintains the statute is constitutional and adequately guided. | Constitutional challenges rejected; statute upheld. |
Key Cases Cited
- Thompson v. ICI Am. Holding, 347 S.W.3d 624 (Mo.App. W.D.2011) (equal-protection rationale for § 287.120.4/.5 disparity)
- Zobel v. Burrell, 167 S.W.3d 688 (Mo. banc 2005) (statutory discretion and review standards for administrative determinations)
- Michler v. Krey Packing Co., 253 S.W.2d 136 (Mo.1952) (requirement of unequivocal findings in agency decisions)
- State ex rel. Laclede Gas Co. v. Pub. Serv. Comm’n, 103 S.W.3d 813 (Mo.App. W.D.2003) (need for basic agency findings to support ultimate conclusions)
- Mader v. Rawlings Sporting Goods, Inc., 73 S.W.3d 83 (Mo.App. S.D.2002) (review of agency findings and evidentiary sufficiency)