Smith v. Capital Region Med. Ctr.
564 S.W.3d 800
Mo. Ct. App.2018Background
- Commission issued a final workers' compensation award (Nov. 13, 2013) granting benefits and stating "any past due compensation shall bear interest as provided by law." Capital Region appealed; appellate mandate issued May 1, 2015.
- On May 28, 2015 Capital Region paid accrued benefits but did not pay the interest component of the award.
- Smith filed a civil-contempt petition in circuit court (July 27, 2015) seeking to compel payment of the unpaid interest; case was transferred to Cole County.
- Capital Region moved to dismiss, arguing (1) civil contempt cannot enforce a mere money judgment and (2) the Commission retained exclusive jurisdiction under §287.120 to determine whether/what interest was due.
- Trial court dismissed with prejudice, reasoning civil contempt does not lie to compel payment of money; Smith appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction or the Commission retained exclusive jurisdiction to determine interest owed | Smith: Commission awarded interest "as provided by law," so amount is determinable and trial court may calculate it | Capital Region: Award left the amount indeterminate; Commission retains exclusive jurisdiction under §287.120 | Court: Award granted interest "as provided by law," so amount is determinable by applying §287.160.3; Commission's exclusive jurisdiction argument fails |
| Whether civil contempt is a proper means to compel payment of the awarded interest (a money judgment) | Smith: Civil contempt can enforce the award and compel payment of interest | Capital Region: Civil contempt cannot be used to compel payment of money | Court: Civil contempt cannot be used to enforce mere payment of money; dismissal affirmed |
Key Cases Cited
- Smith v. Capital Region Medical Center, 458 S.W.3d 406 (Mo. App. W.D. 2014) (appellate decision affirming Commission award in underlying matter)
- Deane v. Missouri Employers Mut. Ins. Co., 437 S.W.3d 321 (Mo. App. W.D. 2014) (civil contempt may enforce awards that require affirmative non-monetary performance; did not authorize contempt for mere money payments)
- State ex rel. ISP Minerals, Inc. v. Labor & Indus. Relations Comm'n, 465 S.W.3d 471 (Mo. banc 2015) (Commission retains exclusive jurisdiction where an award or settlement leaves future compensation issues indeterminate)
- Div. of Classification & Treatment v. Wheat, 829 S.W.2d 581 (Mo. App. W.D. 1992) (court may use contempt only where judgment requires affirmative action other than payment of money)
- Sutton v. Vee Jay Cement Contracting Co., 37 S.W.3d 803 (Mo. App. E.D. 2000) (language awarding past due compensation to "bear interest as provided by law" constitutes an award of interest under statute)