Spradling v. Treasurer of the State
2013 Mo. App. LEXIS 1322
| Mo. Ct. App. | 2013Background
- Spradling injured at work for Russell Stover Candies in September 1998, with the ALJ attributing his back injury to lifting in the course of employment.
- Spradling died on November 30, 2005, from causes unrelated to the work injury.
- Dependents filed an amended claim in 2008 seeking to have all benefits payable at his death paid to them under section 287.230.1 and 287.240(4).
- Prior to trial, Dependents settled their claim against the employer and insurer in a Stipulation for Compromise Settlement approved by the ALJ.
- An ALJ award found Spradling permanently and totally disabled prior to death, creating Fund liability for PTD benefits payable to Dependents.
- The Commission affirmed the ALJ and held Dependents as Spradling’s conclusive total dependents under 287.240(4), entitled to lifetime PTD benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dependents may receive lifetime PTD benefits under 287.240(4). | Spradling’s dependents were not minors at injury; Fund argues no lifetime award. | Dependents are conclusively presumed total dependents at the time of injury and entitled to lifetime benefits if the death is unrelated to the injury. | Dependents entitled to lifetime PTD benefits; valid under 287.240(4). |
| Whether the Fund is liable given evidence about the injury date and dependency. | Date of injury disputed; dependency evidence insufficient for Fund liability. | Evidence supports September 3, 1998 injury and dependents’ dependency at time of injury; Commission correctly applied 287.240(4). | Commission and ALJ findings supported by competent evidence; Fund liability affirmed. |
Key Cases Cited
- Gervich v. Condaire, Inc., 370 S.W.3d 617 (Mo. banc 2012) (defines dependent at time of injury under 287.240(4))
- Schoemehl v. Treasurer of State of Missouri, 217 S.W.3d 900 (Mo. banc 2007) (dependent-survival theory for PTD benefits when employee dies unrelated to injury)
- Taylor v. Ballard R-II School Dist., 274 S.W.3d 629 (Mo.App.W.D.2009) (statutory amendments affecting Schoemehl applied prospectively)
- White v. University of Missouri, 375 S.W.3d 908 (Mo.App.W.D.2012) (ripe-for-review limitation on dependent-benefit awards where employee not dead)
- Petties v. Petties, 129 S.W.3d 901 (Mo.App.W.D.2004) (employee’s right to benefits vests at time of injury)