Missouri Court of Appeals, Western District / Feb 21, 2023
LME, Inc. vs. Robert Powell and Second Injury Fund
LME, Inc. (Employer) appealed the Labor and Industrial Relations Commission's award of permanent total disability (PTD) benefits and future medical care to Robert Powell (Employee). Employer argued the Commission erred by not dismissing the claim because the hearing exceeded statutory time limits and by misstating the parties' agreement on the maximum medical improvement (MMI) date. The appellate court affirmed, finding the Employer failed to preserve the timing issue and was bound by its stipulation to the MMI date, which applied to all conditions.