James Calcara v. PPG Industries, Inc.
Decision date: February 15, 20071 pages
Summary
The Labor and Industrial Relations Commission affirmed the October 19, 2005 award of the administrative law judge in this workers' compensation case involving employee James Calcara, following remand from the Missouri Court of Appeals which found the Commission had erred in dismissing the application as untimely. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.
Caption
| Issued by THE LABOR AND INDUSTRIAL RELATIONS COMMISSION | |
| FINAL AWARD ALLOWING COMPENSATION(Affirming Award and Decision of Administrative Law JudgeAfter Remand from the Missouri Court of Appeals, Western District) | |
| Injury No.: 00-179671 | |
| Employee: | James Calcara |
| Employer: | PPG Industries, Inc. |
| Insurer: | Self-Insured |
| Date of Accident: | July 10, 2000 |
| Place and County of Accident: | St. Charles County, Missouri |
| On January 9, 2007, the Missouri Court of Appeals for the Western District issued an opinion reversing the April 14, 2006,Order of Dismissal issued by the Labor and Industrial Relations Commission (Commission) in the above-referencedcase. In particular, the court concluded:In conclusion, the Commission erred in dismissing the application for review as untimely. The October 5, 2005 award is invalid because the hearing had not ended when the ALJ issued it. Thus, the October 19, 2005 award issued after the hearing was neither from a review hearing nor from a reopening of a prior award. Because PPG filed the application on October 28, 2005, within twenty days after the October 19, 2005 award, it was timely filed. Therefore, the Commission's decision is reversed because it acted in excess of its powers. We remand to the Commission with directions to review the October 19, 2005 award. | |
| By mandate issued February 1, 2007, the Court remanded this matter to the Commission in accordance with the January 9, 2007, opinion of the Court. *Calcara v. PPG Industries,* WD 66954. | |
| The above-entitled workers' compensation case is submitted to the Commission for review as provided by section 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the October 19, 2005, award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated October 19, 2005. The award and decision of Administrative Law Judge Emily S. Fowler, issued October 19, 2005, is attached and incorporated by this reference. | |
| The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable. | |
| Any past due compensation shall bear interest as provided by law. | |
| Given at Jefferson City, State of Missouri, this 15th day of February 2007. | |
| LABOR AND INDUSTRIAL RELATIONS COMMISSION | |
| William F. Ringer, Chairman | |
| Alice A. Bartlett, Member | |
| John J. Hickey, Member | |
| Attest: | |
| ***_******_******_***____ | |
| Secretary |