Floyd Wilcut v. Innovating Warehousing
Decision date: May 2, 20082 pages
Summary
The Missouri Court of Appeals reversed the Commission's prior denial of death benefits, finding that the employee's religiously-motivated refusal of blood transfusion treatment was reasonable and not an unreasonable refusal under Section 287.140.5 RSMo. The Commission awarded death benefits to the widow commencing May 1, 2002, in the amount of $292.04 weekly.
Caption
FINAL AWARD ALLOWING COMPENSATION <br> (Pursuant to the Mandate of the Missouri Court of Appeals, Eastern District)
Injury No.: 00-041020
Employee: Floyd L. Wilcut, deceased
Dependent: Sharon Wilcut, widow
Employer: Innovating Warehousing
Insurer: American Manufacturers Mutual Insurance Company
Date of Accident: April 13, 2000
On January 15, 2008, the Missouri Court of Appeals for the Eastern District issued an opinion reversing the June 7, 2006, Final Award of the Labor and Industrial Relations Commission (Commission) in the abovereferenced case. By mandate issued April 1, 2008, the Court remanded this matter to the Commission for further proceedings in accordance with the Court's opinion delivered January 15, 2008. Wilcut v. Innovative Warehousing, ED88247, 2007 Mo. App. LEXIS 915 (Mo.App E.D. 2007).
Pursuant to the Court's opinion and mandate, we issue this new award reversing the award and decision of the Commission dated June 7, 2006.
Discussion
Section 287.140.5 RSMo, provides:
No compensation shall be payable for the death or disability of an employee, if and insofar as the death or disability may be caused, continued or aggravated by any unreasonable refusal to submit to any medical or surgical treatment or operation, the risk of which is, in the opinion of the division or the commission, inconsiderable in view of the seriousness of the injury.
The Court found that the statutory scheme dictates that religious beliefs be liberally construed, and found that employee invoked his strong and sincerely held religious beliefs against a transfusion. This refusal was not unreasonable in light of employee's beliefs and accordingly we find that death benefits are owed from the date that the benefits were terminated.
Award
Pursuant to the Court's mandate, we direct employer/insurer to pay Sharon Wilcut, widow and sole dependent of employee, death benefits in the weekly amount of $\ 292.04, commencing May 1, 2002, and continuing until Sharon Wilcut loses her status as a dependent under §287.240.
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 2nd day of May 2008.
LABOR AND INDUSTRIAL RELATIONS COMMISSION
William F. Ringer, Chairman
Alice A. Bartlett, Member
John J. Hickey, Member
Attest:
Secretary
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