Treasurer of The State of Missouri-Custodian of The 2nd Injury Fund v. Abby Couch, Billy Couch
2015 Mo. App. LEXIS 1104
Mo. Ct. App.2015Background
- Abby Couch, a Missouri correctional officer, suffered two work-related injuries (Feb 22, 2010; June 22, 2011) and received medical treatment.
- Couch filed formal WC-21 claims against her employer and the Second Injury Fund (SIF) for each injury (Mar 24, 2010; July 12, 2011; amended Aug 15, 2012).
- On March 28, 2013, Couch settled each claim with her employer and dismissed the corresponding claims against SIF.
- In December 2013 Couch filed new claims against SIF only; SIF asserted those claims were time-barred under Mo. Rev. Stat. § 287.430.
- The ALJ and the Labor & Industrial Relations Commission held Couch’s settlement filings with the employer constituted "a claim" under § 287.430, making her SIF filings timely; SIF appealed.
- The Court of Appeals reversed, holding Couch’s settlement did not qualify as "a claim" for § 287.430 timing where formal claims had already been filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a settlement stipulation with employer constitutes "a claim" under § 287.430, extending SIF filing time | Couch: settlement is "a claim," so SIF claim filed within one year of that claim is timely | SIF: "a claim" means a filed WC-21 or similar; settlement does not qualify when formal claims were already filed | Held: Settlement does not constitute "a claim" here because Couch had filed formal claims; SIF claim was time-barred |
| Whether precedent (Grubbs, Cook, Elrod) supports treating settlements as "a claim" for § 287.430 purposes | Couch/Commission: Grubbs and Cook allow settlements to count where no formal claim was filed; Elrod supports broad meaning of "a claim" | SIF: those cases are distinguishable because their plaintiffs had not filed formal claims before settlement; Elrod involved amended claims, not settlements | Held: Court distinguished Grubbs, Cook, and Elrod as factually inapposite and declined to apply them; Commission erred in relying on them |
Key Cases Cited
- Grubbs v. Treasurer of Missouri as Custodian of the Second Injury Fund, 298 S.W.3d 907 (Mo. App. E.D. 2009) (held a settlement can constitute "a claim" under § 287.430 when no formal claim was filed)
- Treasurer of State v. Cook, 323 S.W.3d 105 (Mo. App. W.D. 2010) (followed Grubbs in treating a settlement as "a claim" where no WC-21 was filed)
- Elrod v. Treasurer of Missouri as Custodian of the Second Injury Fund, 138 S.W.3d 714 (Mo. banc 2004) (held "a claim" can include amended claims; interpreted statute liberally to effectuate compensation goals)