White v. University of Missouri, Kansas City
2012 Mo. App. LEXIS 1088
| Mo. Ct. App. | 2012Background
- The Treasurer, as Custodian of the Second Injury Fund, appeals the Commission's ruling awarding Gail White dependent benefits to her husband Willie White's PTD award.
- Willie White, injured June 11, 2007, is married to Gail White; they remained married through proceedings.
- ALJ awarded Willie PTD and denied Gail's dependent benefits under Schoemehl; Commission later held Gail's claim could qualify under Schoemehl.
- Gervich v. Condaire, Inc. (2012) held dependency status is determined at the injury date for pre-2008 amendments.
- Court concludes Gail's dependency status is determined at injury, but entitlement to future successor benefits is not ripe for review while Willie is alive.
- Judgment vacated to the extent it adjudicated Gail White's entitlement to succeed to Willie White's disability benefits; remanded for correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Gail's right to successor benefits ripe for review? | White's dependency is fixed at injury; Schoemehl applies. | Benefits vest only upon the employee's death; not ripe while Willie lives. | Dependency timing governs, but entitlement not ripe; vacate extent |
| Did the Commission exceed its power by adjudicating Gail's entitlement to future benefits? | Schoemehl applies; entitlement contingent but reviewable under proper scope. | Cannot adjudicate contingent, future benefits while employee is alive. | Yes; errant to adjudicate entitlement; remand for correction |
Key Cases Cited
- Gervich v. Condaire, Inc., 370 S.W.3d 617 (Mo. banc 2012) (dependency determined at injury date; pre-2008 amendments govern)
- Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. banc 2007) (dependent beneficiaries under statutory scheme; timing and vesting concepts)
- Goad v. Treasurer of Missouri, 372 S.W.3d 1 (Mo.App.2011) (contextual discussion on Schoemehl related issues)
- Tilley v. USF Holland Inc., 325 S.W.3d 487 (Mo.App.2010) (affirmed PTD and Schoemehl-related issues; clarified appellate discussion)