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Court

Missouri Eastern Appellate Court

Missouri

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Case Information

Filed 2022-09-19
Type Ap Worker's Compensation
Docket 42 entries

Docket Entries

  1. Citation 681 S.W.3d 559
  2. Notice-Exhibit Pickup/Retrieve
  3. Clerk Remark Mandate dated February 1, 2024 mailed to Karla Hogg, Secretary, LIRC.
  4. Case Disp- Opin & Mandate Sent
  5. Denied Associated Entries: 11/27/2023 - Appl for Tran SC Filed in SC
  6. Entry of Appearance Filed Electronic Filing Certificate of Service. Filed By: RACHEL ROSE HARRIS On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  7. Note to Clerk eFiling Filed By: KEYLA SUE RHOADES
  8. Notice-Filing App/Trans in SC Electronic Filing Certificate of Service. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  9. Notice-Filing App/Trans in SC Electronic Filing Certificate of Service. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  10. Appl for Tran SC Filed in SC Associated Entries: 01/30/2024 - Denied
  11. Notice-Filing App/Trans in SC Electronic Filing Certificate of Service. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  12. Denied Associated Entries: 09/05/2023 - Mot for Rehearing/Tran to SC +
  13. Clerk Remark Copy of October 16, 2023 order mailed to K.Kogg Secretary Labor & Industrial Relations Commission
  14. Court Order Issued The attorney for claimant Larry Obermann has filed a motion for suggestion of death and substitution of parties. Mr. Obermann died on August 19, 2023. Mr. Obermann's counsel asks that this Court substitute Alisha Dawn Obermann, Cory A. Obermann, and Clint W. Obermann, the children of claimant, as the party claimant in his place. None of the other parties have filed any objections. Under section 287.580, RSMo 2016, if a party should die pending any workers' compensation proceedings, the action may be revived and "proceed in favor of the successor to the rights or against the personal representative of the party liable, in like manner as in civil actions." Accordingly, counsel's motion for substitution is granted and "Alisha Dawn Obermann, Cory A. Obermann, and Clint W. Obermann" are hereby substituted for claimant.
  15. Granted Per Court Order Issued October 16, 2023 Associated Entries: 10/06/2023 - Motion to Substitute Parties +
  16. Motion to Substitute Parties and Suggestion of Death; Electronic Filing Certificate of Service. Filed By: CHRIS N WEISS On Behalf Of: LARRY OBERMANN Associated Entries: 10/16/2023 - Granted +
  17. Court Order Issued The attorney for the Second Injury Fund has filed a suggestion of death of appellant Larry Obermann on August 19, 2023. Under section 287 .5 80, RS Mo, if a party should die pending any workers' compensation proceedings, the action may be revived and "proceed in favor of the successor to the rights or against the personal representative of the party liable, in like manner as in civil actions." Rule 52.13(a)(l), which governs civil actions, provides that this Court may, upon motion, order substitution of the proper parties. The opinion in this appeal was entered on August 22, 2023, after Appellant's death. A motion for rehearing and/or application for transfer filed by the Second Injury Fund is pending. Rule 52.13(a)(a) provides for a motion for substitution to be filed within 90 days after a suggestion of death is filed or the appeal may be dismissed
  18. Redacted Info Flng Sheet Filed Unredacted Suggestion of Death; Electronic Filing Certificate of Service in associated to Death filed on 09/21/2023. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  19. Suggestion of Death Filed Electronic Filing Certificate of Service. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  20. Redacted Info Flng Sheet Filed and Unredacted Motion for Rehearing Transfer; Electronic Filing Certificate of Service Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  21. Mot for Rehearing/Tran to SC Redacted; Electronic Filing Certificate of Service. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND Associated Entries: 11/13/2023 - Denied
  22. Clerk Remark VOTE
  23. Opinion Reversed & Remanded
  24. Signed Majority Opinion
  25. Case Submitted on Briefs Scheduled For: 04/18/2023; DIVISION 4; EASTERN DISTRICT CT OF APPEALS
  26. Appellant's Reply Brief Electronic Filing Certificate of Service. Filed By: CHRIS N WEISS On Behalf Of: LARRY OBERMANN
  27. Case Docketed DIVISION 4: Broniec, Kelly C., P.J.; Hess, Philip M., J.; Dowd, James M., J. April 18, 2023 SOB ***dkt attached***
  28. Respondent's Brief Electronic Filing Certificate of Service. Filed By: KEYLA SUE RHOADES On Behalf Of: TREASURER OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND
  29. Case Screened- Regular Any party wanting oral argument must respond to this notice within 10 days.
  30. Appendix Filed Electronic Filing Certificate of Service. Filed By: CHRIS N WEISS
  31. Appellant's Brief Electronic Filing Certificate of Service. Filed By: CHRIS N WEISS On Behalf Of: LARRY OBERMANN
  32. Granted Until DECEMBER 30, 2022 Associated Entries: 11/29/2022 - Mot for Ext Time to File Brief +
  33. Mot for Ext Time to File Brief Electronic Filing Certificate of Service. Filed By: CHRIS N WEISS On Behalf Of: LARRY OBERMANN Associated Entries: 11/30/2022 - Granted Until +
  34. Note to Clerk eFiling
  35. Transcript Filed TS Vol 12 of 14 pgs 905-1059; TS Vol 13 of 14 pgs 1060-1209; TS Vol 14 of 14 pgs 1210-1354; Electronic Filing Certificate of Service.
  36. Note to Clerk eFiling
  37. Transcript Filed TS Vol 4 of 14 pgs 463-557; TS Vol 5 of 14 pgs 558-690; TS Vol 6 of 14 pgs 691-706; TS Vol 7 of 14 pgs 707-723; TS Vol 8 of 14 pgs 724-749; TS Vol 9 of 14 pgs 750-801; TS Vol 10 of 14 pgs 802-833; TS Vol 11 of 14 pgs 834-904; Electronic Filing Certificate of Service.
  38. Note to Clerk eFiling
  39. Record on Appeal ROA pgs 1-89; TS Vol 1 of 14 pgs 1-192; TS Vol 2 of 14 pgs 193-340; TS Vol 3 of 14 pgs 341-462; Electronic Filing Certificate of Service.
  40. Acknowledgement Letter Sent
  41. NOA Filed in Appellate Court
  42. Filing Fee Paid

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