Administrative Law

Daniel R.E. Jordan, Esquire

Civil rule regarding joinder does not apply. Mcguire v. Christian County, et al. No. 32731 (Mo. App. S.D., May 5, 2014), Lynch, J.

Labor and Industrial Relations Commission ruled that neither the commission nor any party but claimant had discretion to join a co-employer. Co-employer is jointly and severally liable by statute. Civil rule requires joinder of all necessary parties.

Affirmed. Rules of Civil Procedure do not apply in an administrative action absent express incorporation by rule or statute. Statutes provide that claimant may choose to join either co-employer, and either co-employer may seek contribution from the other.  But neither may join the other.

Claimant prevailed in settlement. Garland v. Director, Family Support Division, et al. No. 99773 (Mo. App. E.D., April 15, 2014), Cohen, J.

Statutes allow attorney fees award to prevailing party in action against the State. On appeal of agency’s administrative order to circuit court, claimant settled with respondent and obtained consent judgment accordingly. Circuit court denied attorney fees.  

Held: Reversed.
Claimant prevailed, for purposes of statute, in that she obtained the relief she sought.  

Law of the case governs. Nance (Deceased) v. Maxon Electric, Inc., et al. No. 76587 (Mo. App. W.D., April 8, 2014), Pfeiffer, J.

Court of appeals’ specific mandate directed Labor and Industrial Relations Commission to approve commutation settlement and nothing more. On remand, appellant sought to raise other issues. Commission adhered to the mandate and rejected Appellant’s arguments.

Held: Affirmed.
Appellant’s failure to raise issue before mandate barred raising that issue after mandate because mandate allowed no re-litigation of any issue.