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Higgins v. D.W.F. Wholesale Florists3/28/2000
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED. Howard and Newton, JJ., concur.
Opinion:
Sharon Higgins sought relief under Missouri's Worker's Compensation Law for injuries sustained by her in an automobile accident which she claimed occurred out of and in the course of her employment. After a hearing, Chief Administrative Law Judge Kenneth J. Cain denied Ms. Higgins' claim for relief, finding that she failed to meet her burden of proving the injuries she sustained were job-related, and that her employer made a sufficient showing to support a finding of forfeiture of benefits under Section 287.120.6 RSMo 1994. Judge Cain's decision was affirmed by the Labor and Industrial Relations Commission. Because we find competent and substantial evidence exists on the record to support the Commission's decision, and as its findings are not against the overwhelming weight of the evidence on the record as a whole, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Ms. Higgins was an assistant manager of the Kansas City office of Denver Wholesale Florists ("DWF"). She was involved in an automobile accident on eastbound Interstate 70, between 27th Street and 31st Street, at approximately 10:30 p.m. on the evening of July 8, 1991. The accident occurred as Ms. Higgins was returning home from the Victorian Restaurant, where she had eaten, and where she drank at least 10 beers between approximately 4:30 p.m. and 9:30 p.m. As a result of the accident, Ms. Higgins sustained injuries to her left shoulder, left elbow, right knee and right ankle.
Ms. Higgins began working at DWF in the early 1980's. At that time and during the course of her employment, the company had in place a series of alcohol policies. As shown in the record, the oldest of these policies was set out in the employee handbook received by every employee who joined the company. Ms. Higgins acknowledged she received the handbook when she joined the company. In 1990, the company disseminated its "Company Safety Policy, Safety Rules and Practices," the ninth clause of which stated, " he use of alcohol or illegal drugs on the job or prior to reporting to work is prohibited." While Ms. Higgins later testified that she did not know whether she had actually read this or the earlier alcohol policy, she admitted that she had received the 1990 policy and signed an acknowledgement that she had received it on March 16, 1990. That acknowledgment stated in relevant part, "I am proud to be employed by Denver Wholesale Florists and will abide by their safety regulations and practices."
At some point in 1990 or earlier, Ms. Higgins was promoted to the position of manager of DWF's Kansas City office. According to her testimony, and that of DWF Vice-President David Lynn Gaul, as manager of the office Ms. Higgins was charged with the responsibility of posting the company's alcohol policy on the office's bulletin board. Ms. Higgins was demoted from manager to assistant manager in December of 1990.
The company modified its alcohol policy at the end of 1990 or beginning of 1991, and, on January 9, 1991, Ms. Higgins signed another document indicating receipt of the company's drug and alcohol policy. The 1991 acknowledgement stated, in relevant part:
ACKNOWLEDGEMENT
I have received a copy of The Denver Wholesale Florists Drug and Alcohol Policy and understand that in order to continue my employment with this company I must abide by the terms of this policy.
Again, Ms. Higgins said she did not recall whether she had actually read the policy, but admitted signing the acknowledgement.
Ms. Higgins' involve
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