Timothy Mealer v. Russ Jackson Transportation

2018 WL 4494963 (Mo.Lab.Ind.Rel.Com.)

Factual Background:

Claimant was an employee of Russ Jackson Transportation.  He suffered an injury while working as a truck driver hauling grain.  Claimant pulled on a wet tarp bar, but it snapped back, hit him in the face, and injured three upper front teeth.   Employer refused to pay for medical treatment because he did not believe he was required to have workers’ compensation insurance because he had less than five employees. The uninsured employer did not file any responsive pleadings or participate.   

Division Decision:

The ALJ determined that the claimant did not meet his burden of demonstrating that he had reached MMI, thus, he was denied PPD benefits and future medical benefits. Additionally, the ALJ found the employer was not liable for past medical expenses as the claimant failed to identify a factual basis for award of medical bills.   

Commission Decision:

The Commission affirmed the award denying compensation. The majority dismissed the appeal for lack of jurisdiction.  The case had been previously remanded by the Commission to develop additional evidence.  The claimant failed to establish that the employer had enough employees to be covered by the Missouri Workers’ Compensation Act. Relying on Section 287.030.1 RSMo which defines and “employer” as having five or more employees, the Commission found that because the employer did not have five or more employees on the date of the injury and that the employer did not make election to become subject to the provisions of Missouri Workers’ Compensation Law, the employer could not be deemed an “employer” under its statutory definition.  Accordingly, the employer could not be held liable for compensation under the Missouri Workers’ Compensation Law and the Commission dismissed for lack of subject matter jurisdiction.  

The Takeaway:

The Division and the Commission do not have subject matter jurisdiction over cases where an employment relationship is not in place as defined by the Missouri Workers’ Compensation Law.  If an employer does not have more than five employees, he is not subject to the provisions of Missouri Workers’ Compensation Law and the Commission and the Division do not have subject matter jurisdiction over the claim.