David Trimmer v. Johnson Controls, Inc.
Decision date: December 1, 2015Injury #03-1476161 pages
Summary
Following a reversal by the Missouri Court of Appeals, the Labor and Industrial Relations Commission dismissed the employee's workers' compensation claim as barred by res judicata. The Commission set aside its prior August 22, 2014 award and decision pursuant to the court's mandate.
Caption
FINAL AWARD DENYING COMPENSATION
(After Mandate from the Missouri Court of Appeals for the Western District)
Injury No. 03-147616
Employee: David A. Trimmer
Employer: Johnson Controls, Inc.
Insurer: Self-Insured
Additional Party: Treasurer of Missouri as Custodian of Second Injury Fund (Open)
On April 21, 2015, the Missouri Court of Appeals, Western District, issued an opinion reversing the August 22, 2014, award and decision of the Labor and Industrial Relations Commission (Commission). Johnson Controls, Inc. v. Trimmer, 466 S.W.3d 585 (Mo. App. 2015). By mandate dated August 20, 2015, the Court confirmed its decision to reverse the Commission's award and decision and remanded this matter to the Commission for further proceedings consistent with the Court's opinion.
Pursuant to the Court's mandate, we issue this award.
Our prior award and decision of August 22, 2014, is hereby set aside. Employee's claim for compensation is dismissed because it is barred by the doctrine of res judicata.
Given at Jefferson City, State of Missouri, this $1^{\text {st }}$ day of December 2015.
LABOR AND INDUSTRIAL RELATIONS COMMISSION
John J. Larsen, Jr., Chairman
James G. Avery, Jr., Member
Curtis E. Chick, Jr., Member
Attest: