§9.89 Grounds for Review of Final Award Based on Change of Condition

• Library: Workers' Compensation Law Deskbook Vol. 2 (2020 Ed.)

F. (§9.89) Grounds for Review of Final Award Based on Change of Condition

Upon its own motion or upon application of any party in interest, the Commission may review an award on the ground of a change in condition. Section287.470, RSMo 2016. It should be noted that this is a discretionary statute. The claimant is required to show that the disability is not the same for which the original award was made to constitute a change. To obtain a change in the award on ground of change in condition, the employee must show that, since the original award, the condition has become substantially worse. The continued incapacity of the employee of the same kind and character as the original award is not sufficient. The fact that the condition lasted longer than expected is not sufficient. The employee must show some element of disability or some symptom not contemplated by the original hearing that has made the condition grow worse, has caused something that has made the lengthy condition grow worse, or has caused something that is in the nature of a relapse. See:

• State v. Robinson, 650 S.W.2d 11 (Mo. App. E.D. 1983)

• Sei v. A. Guthrie & Co., 50 S.W.2d 664 (Mo. App. E.D. 1932)

• Winschel v. Stix, Baer & Fuller Dry Goods Co., 77 S.W.2d 488 (Mo. App. E.D. 1934)

See also Gavan v. H.D. Tousley Co., 395 S.W.2d 266 (Mo. App. E.D. 1965); Brueggemann v. Permaneer Door Corp., 527 S.W.2d 718 (Mo. App. E.D. 1975).

For an employer to be entitled to an order diminishing the award, the employer must show either that the original compensable injury no longer exists or that the disability is of a lesser degree. See State ex rel. Sei v. Haid, 61 S.W.2d 950 (Mo. 1933);Vandaveer v. Reinhart & Donovan Constr. Co., 370 S.W.2d 156 (Mo. App. S.D. 1963), overruled on other grounds by Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003).

Upon a showing of change in condition, the Commission may at any time review the award. It should be noted that the statutory words “at any time” are limited to the time over which the Commission or Division retains jurisdiction of the parties. Generally, the jurisdiction of the Commission or Division terminates upon the completion of the period of disability. Proceedings for review may be maintained at any time during the period fixed for payment of compensation. Dewey v. Union Elec. Light & Power Co., 83 S.W.2d 203 (Mo. App. E.D. 1935), overruled in part by Wentz v. Price Candy Co., 175 S.W.2d 852 (Mo. 1943) (only to the extent that there...