Motor Control Specialities., and the Ohio Casualty Insurance Company v. Labor and Industrial Relations Commission, State of Missouri; Stephen M. Petelik
Petelik made his claim for workers' compensation after suffering injuries on August 19, 2003, in an on-the-job accident. He alleged that he injured his left arm and lower back in the accident. Motor Control and Ohio Casualty stipulated that Petelik's arm injury was related to the job accident and acknowledged that they had provided medical benefits for it. They denied that Petelik injured his back in the accident.
In a hearing by the commission's administrative law judge, the ALJ found that Petelik injured his lower back in the job accident and ordered Motor Control to pay Petelik $17,526.75 in reimbursement of medical bills. The ALJ declared that Petelik should receive temporary total disability benefits until the commission found that he had obtained maximum medical improvement. The ALJ also ordered future medical care for Petelik.
Motor Control Specialties and The Ohio Casualty Company appealed the temporary or partial work comp award. The Labor and Industrial Relations Commission dismissed this first appeal, citing 8 C.S.R. 20-3.040 because the award was not yet final and because the employer was not denying all liability. 8 C.S.R. 20-3.040 (1) states, "whenever an administrative law judge issues a temporary or partial award under section 287.510, RSMo, the same shall not be considered to be final award from which an application for review (see 8 CSR 20-3.030) may be made. The time for making an application for review shall not commence until a final award is issued by the administrative law judge in cases where a temporary or partial award has been issued." The employer and insurer appealed the commission's decision to the Eastern District, which dismissed the appeal for lack of jurisdiction.
The employer and insurer then filed a petition in the trial court to declare the regulation unconstitutional. The trial court dismissed this declaratory judgment action, and the Petelik filed a request for attorney fees. The trial court had refused Petelik's first request for attorney's fees. Both sides appealed to Eastern District which found the regulation to be constitutional and remanded back to the trial court. At this point the court allowed Petelik to put on evidence for fees. The trial court found the regulation 8 CSR 20-3.040 to be constitutional, and granted Petelik's attorney fees for $81,609
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