Missouri Court of Appeals, Southern District / May 26, 2020
CINDY A. ROWE, Appellant vs. SOUTHEAST MISSOURI RESIDENTIAL SERVICES, SOUTHEAST MISSOURI HOSPITAL, AND TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE 2nd INJURY FUND, Respondents
Cindy A. Rowe filed a worker's compensation claim against her employer and the Second Injury Fund, which was denied by an Administrative Law Judge and affirmed by the Labor and Industrial Relations Commission. Rowe appealed, arguing the Commission failed to rule on her fourth motion to submit additional evidence and did not provide a complete record for review. The appellate court reversed the Commission's award and remanded the case, holding that the Commission erred by not considering and ruling upon Rowe's motion as required by administrative rule and by failing to fulfill its statutory and rule-based duty to certify a complete record on appeal.