GINA BEAMAN, Appellant vs. LOWE'S HOME CENTERS, INC., Respondent
Decision date: June 23, 2020SD36473
Parties & Roles
- Appellant
- GINA BEAMAN
- Respondent
- LOWE'S HOME CENTERS, INC.
Disposition
Affirmed
Procedural posture: Appeal from the Labor and Industrial Relations Commission
Slip Opinion Notice
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Opinion
GINA BEAMAN, ) ) Appellant, ) ) vs. ) No. SD36473 ) LOWE'S HOME CENTERS, INC., ) Filed: June 23, 2020 ) Respondent. )
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION AFFIRMED Gina Beaman lost a workers' compensation claim for failure to carry her burden of proof. She appeals, charging in each of six points that "there was not sufficient competent evidence" to support a decision against her. See § 287.495.1(4), RSMo. (2000) 1
Only factual findings needed to make an award for the employee need evidentiary support. Annayeva v. SAB of TSD of City of St. Louis, 597 S.W.3d 196, 200 n.8 (Mo. banc 2020). This tracks a basic precept – no evidence is needed to find against the party who bore the burden of proof or to uphold that decision on appeal. See, e.g., Taylor v. Taylor, 585 S.W.3d 390, 395 & n.5 (Mo. App. S.D. 2019). Offering no cognizable legal basis for reversal, Beaman's § 287.495.1(4) complaints fail without further discussion or analysis. See Guinn v. Treasurer, No. SD36380, slip op. at 9 (Mo. App. S.D. May 4, 2020). We reject all points and affirm the denial of benefits. MARY W. SHEFFIELD, J. – OPINION AUTHOR DANIEL E. SCOTT, P.J. – CONCURS DON E. BURRELL, J. – CONCURS
1 Harmonized with the constitutional standard ("supported by competent and substantial evidence[,]" Mo. Const. art. V, § 18) in Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 222 (Mo. banc 2003).
Authorities Cited
Statutes, rules, and cases referenced in this opinion.
Cases
- hampton v big boy steel erection 121 sw3d 220cited
Hampton v. Big Boy Steel Erection, 121 S.W.3d 220
- only factual findings needed to make an award for the employee need evidentiary support annayeva v sab of tsd of city of st louis 597 sw3d 196cited
Only factual findings needed to make an award for the employee need evidentiary support. Annayeva v. SAB of TSD of City of St. Louis, 597 S.W.3d 196
- taylor v taylor 585 sw3d 390cited
Taylor v. Taylor, 585 S.W.3d 390
Holdings
Issue-specific holdings extracted from the court's opinion.
Issue: Whether a workers' compensation decision against an employee, who failed to carry her burden of proof, can be reversed on appeal for lack of sufficient competent evidence to support the decision.
No; no evidence is needed to find against the party who bore the burden of proof or to uphold that decision on appeal, and only factual findings needed to make an award for the employee require evidentiary support.
Standard of review: supported by competent and substantial evidence
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