Carr v. North Kansas City Beverage Co.
| Decision Date | 15 May 2001 |
| Citation | 49 S.W.3d 205 |
| Parties | (Mo.App. S.D. 2001) Ronald Carr, Deceased, Appellant v. North Kansas City Beverage Company, Respondent. WD58851 0 |
| Court | Missouri Court of Appeals |
Appeal From: Labor and Industrial Relations Commission
Counsel for Appellant: Douglass F. Noland
Counsel for Respondent: Mark A. Cordes and Brian Bose
Opinion Summary: Ronald Carr, deceased, appeals the order of the Labor and Industrial Relations Commission denying his motion to Compel Compliance with Award Regarding Interest on death benefits and funeral expenses awarded by the Commission to his widow and minor child.
Division III holds: Where the Commission lacks authority to enforce an award, the Commission is without subject matter jurisdiction, and therefore, properly denied Carr's Motion to Compel Compliance with Award Regarding Interest.
Ronald Carr, deceased, [hereinafter "Appellant"] appeals the order of the Labor and Industrial Relations Commission [hereinafter "Commission"] denying his motion to Compel Compliance with Award Regarding Interest on death benefits and funeral expenses awarded by the Commission to Appellant's widow and minor child. In his sole point on appeal, Appellant claims that the Commission erred in denying his motion to compel compliance with the Commission's award and failing to order interest on past benefits and funeral expenses where the Commission's award provided that "any past due compensation shall bear interest as provided by law." The decision of the Commission is affirmed.
The widow and minor child of Appellant brought a workers' compensation action against Appellant's employer, North Kansas City Beverage Company [hereinafter "Employer"], seeking death and burial benefits for Appellant's death as a result of a motor vehicle accident on March 25, 1994. After a hearing on the matter, the Administrative Law Judge issued an award finding that Appellant's death did not arise out of and in the course of his employment with North Kansas City Beverage Company.
Appellant timely filed an Application for Review with the Commission. On review, the Commission reversed the Administrative Law Judge's decision and ordered Employer to pay Appellant's widow and minor child $470.06 per week in death benefits and $5000 in funeral expenses. The Commission's award further ordered that "[a]ny past due compensation shall bear interest as provided by law." This court affirmed the Commission's award by an order dated December 28, 1999. On or about April 20, 2000, Employer tendered to Appellant's widow and minor child past due benefits in the amount of $151,658.72, which represented past weekly benefits from the date of Appellant's death to the date the benefits were tendered, along with $5000 for funeral expenses as directed by the Commission. Employer, however, did not tender any sum representing interest owed on past due benefits and funeral expenses. Appellant has since made repeated demands for payment of interest on past benefits and funeral expenses, but Employer has refused to pay any interest. Consequently, Appellant filed with the Commission a Motion to Compel Compliance with the Award Regarding Interest on death benefits and funeral expenses. The Commission denied Appellant's motion on July 6, 2000, stating that it had no power to enforce the award and, therefore, lacked subject matter jurisdiction. This appeal followed.
In his sole point on appeal, Appellant asserts that the Labor and Industrial Relations Commission does have jurisdiction to address Appellant's Motion to Compel Compliance with the Award Regarding Interest and, therefore, erred in denying his motion and failing to order interest on past benefits and funeral expenses because the Commission's award ordered that "[a]ny past due compensation shall bear interest as provided by law," and the law provides that...
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