TREASURER OF MISSOURI-CUSTODIAN v. Cook
2010 Mo. App. LEXIS 1455
| Mo. Ct. App. | 2010Background
- Cook injured his right shoulder on Nov 24, 2003 while employed as a toolmaker for Saint-Gobain Calmar; treatment continued until Oct 7, 2005; employer paid medical expenses and temporary disability; March 2006 Saint-Gobain agreed to a lump-sum compromise of about 15% disability, approved Mar 24, 2006; April 13, 2006 Cook filed a claim against the Second Injury Fund; ALJ held the claim time-barred under §287.430 due to delay in filing against the Fund; Commission reversed, holding the claim timely based on Grubbs; Court affirmed the Commission’s ruling and the PTD award; the Fund appeals on timeliness and sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Cook’s claim against the Second Injury Fund timely under §287.430? | Stipulation for compromise settlement constitutes a claim filed against employer. | Stipulation does not constitute a claim; filing occurred after two-year limit. | Timely; stipulation constitutes a claim under §287.430. |
| Does a stipulation for compromise settlement count as a 'claim' filed against an employer under §287.430? | Grubbs supports that a compromise settlement is a 'claim' under the statute. | Fund urges Grubbs should not control; contends narrow reading of 'claim'. | Yes; stipulation constitutes a claim under §287.430. |
| Was there sufficient competent evidence to support permanent total disability (PTD) finding? | Evidence from Stuckemeyer and vocational expert supports PTD. | Fund contends evidence insufficient to show PTD. | Yes; substantial evidence supports PTD finding. |
| Did the Commission act within its powers and properly apply law in awarding PTD to Cook? | Commission applied Grubbs to find timeliness and PTD. | Fund argues misapplication of law and misinterpretation of 'claim'. | Commission acted within power; Grubbs applied correctly; award affirmed. |
Key Cases Cited
- Grubbs v. Treasurer of Missouri as Custodian of the Second Injury Fund, 298 S.W.3d 907 (Mo.App.2009) (broad meaning of 'claim' includes settlements; timeliness based on filing within one year of stipulation)
- O'Malley v. Mack International Motor Truck Corp., 31 S.W.2d 554 (Mo.App.1930) (settlement filing equated to a claim (overruled by tolling provision))
- Christensen v. Am. Food & Vending Servs., Inc., 191 S.W.3d 88 (Mo.App.2006) (differing terms in statute imply different meanings)
- Williams By and Through Wilford v. Barnes Hospital, 736 S.W.2d 33 (Mo.banc 1987) (interpretation of 'claim' in related context)