Tabitha Hasten v. Sonic Drive In of High Ridge
Decision date: March 1, 20131 pages
Summary
The Missouri Court of Appeals reversed the Commission's compensation rate determination and remanded the case for recalculation at $376.55 per week instead of $40.00 per week. The Commission issued a final award granting the employee permanent partial disability benefits at the corrected compensation rate.
Caption
| FINAL AWARD ALLOWING COMPENSATION (After Mandate from the Missouri Court of Appeals for the Eastern District) |
| Employee: | Tabitha Hasten |
| Employer: | Sonic Drive In of High Ridge |
| Insurer: | Mid-Century Insurance Company |
| On December 18, 2012, the Missouri Court of Appeals, Eastern District, issued an opinion reversing, in part, the May 2, 2012, award and decision of the Labor and Industrial Relations Commission (Commission).T.H. v. Sonic Drive In of High Ridge, ED98507 (December 18, 2012). Specifically, the Court reversed the portion of the Commission’s decision finding the applicable rate of compensation for the award was $40.00 per week. In all other respects, the Court affirmed the Commission’s May 2, 2012, award. By mandate dated January 11, 2013, the Court confirmed its decision to reverse the Commission’s award as to the issue of compensation rate, affirm the Commission’s award in all other respects, and remand this matter to the Commission for entry of an award finding employee is entitled to a rate of compensation of $376.55 per week. | |
| Pursuant to the Court’s mandate, we issue this award. | |
| Employee is entitled to permanent partial disability benefits at the compensation rate of $376.55 per week. | |
| Given at Jefferson City, State of Missouri, this 1st day of March 2013. | |
| LABOR AND INDUSTRIAL RELATIONS COMMISSION | |
| VACANT Chairman | |
| James Avery, Member | |
| Curtis E. Chick, Jr., Member | |
| Attest: | |
| Secretary |