Missouri Court of Appeals, Southern District / Apr 20, 2020
BUTTERBALL, LLC, Appellant vs. MADELEINE DOBRAUC, Personal Representative of the Estate of MANUEL DUARTE, and TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Respondents
Butterball, LLC appealed a workers' compensation award to the estate of Manuel Duarte, challenging the timeliness of the substitution of Duarte's personal representative and the sufficiency of evidence for the award. Duarte died during the review process, and Butterball argued the claim should be dismissed due to untimely substitution under Rule 52.13. The appellate court affirmed the award, holding that Rule 52.13 does not apply to workers' compensation cases, and the statutory requirements for substitution under section 287.580 were met. The court also found the employer waived objections to expert testimony regarding causation and disability by failing to object at trial, thus upholding the sufficiency of evidence.