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Thomas v. Forsyth Care Center

534 S.W.3d 256 (Mo. App. S.D. 2016)
Full Opinion: [
Thomas v. Forsyth Care Center]
Code(s): C028 Commutation

Factual Background:

On 12/10/07, Claimant was awarded a Temporary Award of benefits in connection to an injury sustained during her employ with Employer. Employer failed to comply with that temporary award and Claimant was unable to obtain certain treatments, worsening her condition. Employer offered no explanation for its failure to comply. 

Commission Decision:

Claimant was later found to be PTD by an ALJ. Commission found Employer’s conduct to demonstrate “attitude of brazen indifference toward its obligations” to Claimant under the ALJ’s award. The ALJ’s decision was affirmed by the Commission and from the Court of Appeal in an unpublished opinion (Appeal No. SD32768). Following that decision, Claimant filed a motion for commutation of her PTD benefits. At a Hearing, Claimant testified to having sustained financial hardship in awaiting reimbursement for medical treatment. Employer indicated that it would no longer pay Claimant mileage. The Commission found Claimant’s testimony that commutation would help her avoid undue hardship was credible and remained concerned that Employer would continue to ignore its obligations. Employer appealed this commutation.

Analysis/Holding:

The Court found that the Commission’s concerns that Employer’s well documented history of disregarding ALJ’s temporary award would be indicative of future attempts by Employer to ignore its obligations, jeopardizing the financial security of Claimant’s family. The Court reiterated the holding that “an employer’s duty to provide statutorily required medical aid to an Employee is absolute and unqualified.” Martin v. Town & Country Supermkts, 220 S.W.3d 836, 844 (Mo. App. 2007). Here, Employer fell short of this obligation, causing harm to Claimant. Claimant should not be required to repeatedly seek redress in order to hold Employer to its statutory obligation to provide her medical aid. 

The Takeaway:

The courts were influenced by the Employer’s history of non-compliance. While this action or lack thereof is extremely rare, Employers should take its obligations under the law seriously if it wishes to avoid penalties and commutations. 

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