Goad v. Treasurer of the State
2011 Mo. App. LEXIS 1552
| Mo. Ct. App. | 2011Background
- Goad, surviving spouse of Cheryl Goad, appeals a final Labor and Industrial Relations Commission award.
- Churchill seeks continued permanent total disability benefits for life under Schoemehl after Cheryl’s death.
- Cheryl was injured August 13, 2007, leading to permanent disability; she died April 15, 2009.
- Goad was substituted as claimant May 19, 2009; ALJ awarded PTD through Cheryl’s death but denied Schoemehl.
- Commission affirmed denial of Schoemehl-based benefits; majority said rights vested after Cheryl’s death; dissent disagreed.
- Court holds HB 1883 cannot retroactively bar Schoemehl; Goad entitled to benefits for his lifetime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HB 1883 applies retroactively to bar Schoemehl. | Goad's claim was pending within the Schoemehl window. | HB 1883 is retroactive to pre-amendment injuries. | HB 1883 does not retroactively nullify Schoemehl rights. |
| Whether Schoemehl rights vest only after worker’s death. | Schoemehl rights attached for surviving dependents when injury occurs. | Rights vest only upon death or after amending statutes. | Schoemehl applies to claims pending during window; no vesting prerequisite. |
| Whether the claim was within the Schoemehl window under Bennett. | Cheryl's claim was pending October 31, 2007 to June 26, 2008. | Bennett requires pending permanent total disability claims within window. | Cheryl's amended claim relates back; within Bennett window. |
| Whether the Second Injury Fund alternative argument defeats entitlement. | Alternative argument does not defeat Schoemehl entitlement. | Amendment timing may defeat applicability. | Alternate argument fails; Goad entitled to ongoing PTD benefits. |
Key Cases Cited
- Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. banc 2007) (surviving dependents may receive PTD benefits after unrelated death of worker)
- Bennett v. Treasurer of the State of Missouri, 271 S.W.3d 49 (Mo.App. W.D. 2008) (Schoemehl applicable to claims pending between Jan 9, 2007 and Jun 26, 2008)
- Strait v. Treasurer of the State of Missouri, 257 S.W.3d 600 (Mo. banc 2008) (final adjudication precludes applying Schoemehl retroactively)
- Taylor v. Ballard R-II School Dist., 274 S.W.3d 629 (Mo.App. W.D. 2009) (retrospective application principles in workers’ comp)