White v. Anderssen Mobile X-Ray Service
389 S.W.3d 222
| Mo. Ct. App. | 2012Background
- Employer Anderssen Mobile X-Ray Service, L.L.C. appeals a Commission temporary/partial award denying liability under §287.020.5 RSMo. (Supp. 2011) and proceeding under the 2005 amendments to the Workers’ Compensation Act.
- Claimant Maria White was a staff technologist driving a company van with x-ray equipment to patient locations.
- There was a written agreement that the shift starts at 3:00 p.m., but White’s start time was 30 minutes prior to arrival, with a call-in procedure to determine dispatch.
- On March 2, 2010 White, while on duty and en route to the office, was rear-ended a few blocks from the office after calling at 2:30 p.m. and being told to report to the office.
- The ALJ found the injury arose out of and in the course of employment; the Commission reversed, finding the travel was from work to work, not home to work.
- The court dismissed the appeal for lack of jurisdiction to review a temporary/partial award under the 2005 amendments, citing Norman and Smalley and Bolen for the jurisdictional rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court may review a temporary/partial award under the 2005 amendments. | Mooney emphasizes limited appellate review to final awards. | Anderssen contends there is jurisdiction to review the temporary/partial award. | No jurisdiction; appeal dismissed. |
Key Cases Cited
- Norman v. Phelps County Regional Med. Ctr., 256 S.W.3d 202 (Mo.App. S.D. 2008) (limits appellate review to final awards; disallows exceptions.)
- Smalley v. Landmark Erectors, 291 S.W.3d 737 (Mo.App. E.D. 2009) (disapproved previous exceptions; review limited to final awards.)
- Bolen v. Orchard, Farm R-V School Dist., 291 S.W.3d 747 (Mo.App. E.D. 2009) (discusses sua sponte jurisdiction to review temporary/partial awards.)