Remelius v. McCarthy Bros. Co.
| Decision Date | 10 October 2000 |
| Citation | 28 S.W.3d 491 |
| Parties | (Mo.App. E.D. 2000) Ken Remelius, Respondent/Employee, v. McCarthy Brothers Company, Appellant/Employer, and Liberty Mutual Insurance Company, Appellant/Insurer. ED77622 |
| Court | Missouri Court of Appeals |
McCarthy Brothers Company and Liberty Mutual Insurance Company (collectively "Employer") appeal the order of the Labor and Industrial Relations Commission ("Commission") dismissing their application for review of an administrative law judge's temporary or partial award of workers' compensation to Ken Remelius ("Employee") pursuant to Commission Rule 8 CSR 20-3.040.1 We dismiss the appeal.
This court has no appellate jurisdiction in workers' compensation cases except as expressly conferred by statute. Forkum v. Arvin Indus., 956 S.W.2d 359, 362 (Mo. App. 1997). Section 287.4952 confers upon this court appellate jurisdiction over final awards of the Commission. See id. at 362. No statute extends appellate jurisdiction to an appeal of a non-final Commission order dismissing an application for review of a temporary or partial award. See Lewis v. Container Port Group, 872 S.W.2d 134, 136 (Mo. App. 1994). Absent such statutory authority,3 we have no jurisdiction to review the Commission's decision regardless of whether the appealing parties claim, as they do in this case, that denial of review will deprive them of their constitutional rights. Id. This is because appellate jurisdiction is limited to that provided in the Missouri Constitution and statutes and is not dependent upon the nature of the rights allegedly being infringed.
Accordingly, we dismiss the appeal for lack of jurisdiction. Employees' request for sanctions for frivolous appeal is denied.
DISMISSED. Gaertner, P.J., Crahan and Draper III, JJ., concur.
1. Commission Rule 8 CSR 20-3.040 provides in part:
(1) Whenever an administrative law judge issues a temporary or partial award, under section 287.510 RSMo, the same shall not be considered to be a final award from which an application for review . . . may be made. The time...
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