Roth v. JJ BROUK & CO. CORP.
356 S.W.3d 786
| Mo. Ct. App. | 2011Background
- Luke Roth was exposed to asbestos at work from 1972–1976, later developing lung cancer and dying in 2002.
- Mary Roth, as widow, filed a workers' compensation claim and the Commission awarded death benefits to her and the three children in 2004 under §287.240.
- In 2011 the parties executed a structured settlement under §287.241 to supersede the 2004 award, including lump-sum and periodic payments.
- Mary signed the settlement for herself and the children; Brouk & Company and Amerisure Insurance sought Commission approval under §287.390.1 and 8 C.S.R. 20-3.010(3)-(5).
- The Commission summarily dismissed, stating §287.241 does not grant authority to approve structured settlements.
- The court held that the statutory/regulatory framework requires Commission approval of all settlements under §287.390, and that the Commission erred in denying merits review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to approve settlements | §287.241 allows structured settlements; §287.390 requires approval; thus Commission must review and approve. | Commission lacked authority to approve settlements; lacked jurisdiction to consider merits. | The Commission has authority; must approve or reject on merits. |
| Interplay of statutes/regulations | In pari materia interpretation supports Commission review of structured settlements. | The statutes/regulations do not grant Commission power to approve a structured settlement. | Authorities read together authorize Commission approval under §287.390. |
| Proper focus of review | Commission must assess substantive compliance with statutory requirements. | If jurisdiction is lacking, merits review is improper. | Court should remand for merits-based approval or rejection. |
Key Cases Cited
- Carr v. N. Kansas City Beverage Co., 49 S.W.3d 205 (Mo.App. W.D.2001) (administrative agency authority tied to statutory grant)
- McBride v. Leggett & Platt, 998 S.W.2d 198 (Mo.App. S.D.1999) (duty of Commission to approve or disapprove settlements)
- Myers v. Cap Sheaf Bread Co., 192 S.W.2d 503 (Mo. banc 1945) (setting the principle that agencies must exercise their provided powers)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo.2009) (distinction between jurisdiction and authority in administrative context)