Gervich v. Condaire, Inc.
2012 Mo. LEXIS 162
| Mo. | 2012Background
- Deborah Gervich appeals a Labor and Industrial Relations Commission decision denying continued permanent total disability benefits as claimant and deceased husband Gary Gervich’s dependent.
- The Commission held benefits terminate at death due to amendments eliminating dependents from the definition of 'employee' after Mr. Gervich’s injury.
- Gervich argues the pre-2008 statutes governed and included dependents; thus she is entitled to lifetime PTD benefits as the surviving spouse.
- Mr. Gervich was injured April 6, 2006; he died April 5, 2009, from non-work-related causes.
- The case hinges on whether dependents are defined at the time of injury (pre-2008 law) or at death, and whether post-2008 amendments apply retroactively.
- The Supreme Court holds the law in effect at the time of injury controls and amendments are not retroactive to bar accrued benefits to a dependent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dependent rights determined at time of injury? | Gervich: rights fixed at injury under 287.240(4) | Treasurer: amendments supersede; dependents not entitled | Rights determined at injury; retroactive amendments do not apply |
| Do 2008 amendments retroactively bar accrued benefits? | Gervich: amendments unconstitutional retroactivity; protect accrued rights | Treasurer: amendments apply prospectively only | Amendments are not retroactive to pre-injury accruals; accrued rights preserved |
| Does Schoemehl survive after 2008 amendments? | Gervich: Schoemehl should apply to pending claims | Treasurer: abrogated by 2008 amendments | Schoemehl applied prospectively; however, here pre-2008 injury controls |
| Is the dependent status fixed under the law in effect on injury date? | Gervich: spouse is a dependent per pre-2008 statute | Treasurer: post-2008 changes remove dependents from eligibility | Dependent status fixed at injury; wife entitled to continued PTD benefits |
| Effect of death after injury on accrued PTD rights? | Gervich: death after injury does not strip accrued PTD | Treasurer: post-2008 amendments limit survivorship | Accrued rights survive; not retroactively defeated by amendments |
Key Cases Cited
- Schoemehl v. Treasurer of Missouri, 217 S.W.3d 900 (Mo. banc 2007) (hold that dependents may receive PTD benefits when death is unrelated to injury under pre-2008 law)
- Strait v. Treasurer of Missouri, 257 S.W.3d 600 (Mo. banc 2008) (Schoemehl applied to pending claims; prospective application; Straights’ dependents entitlements where applicable)
- Klotz v. St. Anthony’s Medical Center, 811 S.W.3d 752 (Mo. banc 2010) (legislature cannot retroactively decrease damages/benefits after accrual)
- Tilley v. USF Holland Inc., 325 S.W.3d 487 (Mo. banc 2010) (amendments not retroactive; apply to post-amendment injuries; otherwise prospective)
- Taylor v. Ballard RII School District, 274 S.W.3d 629 (Mo. App. 2009) (bank of appellate decision discussing amendments and retroactivity constraints)
- Bennett v. Treasurer of State of Missouri, 271 S.W.3d 49 (Mo. App. 2009) (recognizes amendments not retroactive to pre-amendment claims)