§9.92 Scope of Review

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

C. (§9.92) Scope of Review

Sections 287.490 and 287.495, RSMo 2016, provide that the reviewing court is restricted to matters of law and may modify, reverse, or remand for rehearing or set aside an award on four grounds only. These are as follows:

1. “That the commission acted without or in excess of its powers.” Sections 287.490.1(1) and 287.495.1(1). Matters outside the Commission’s jurisdiction would, manifestly, be the proper subject for modification or setting aside by the reviewing court. Attacking the jurisdiction of the court collaterally is not uncommon. The stated grounds make an attack on the jurisdiction of the Commission available in an appeal.

2. “That the award was procured by fraud.” Sections 287.490.1(2) and 287.495.1(2). The reviewing court should have authority to set aside a finding produced by fraud. This provision alludes to fraud in the procurement of an award. There appears to be a distinction between fraud in the procurement of the award and fraud pertaining to extrinsic matters, which form the basis for criminal prosecution.

3. “That the facts found by the commission do not support the award.” Sections 287.490.1(3) and 287.495.1(3). It is noted that the provisions authorize the appellate court to overrule the Commission as to a matter of law, but the reviewing court cannot modify the Commission’s findings of fact. The Commission is the sole judge of the weight of evidence and credibility of witnesses. Welborn v. S. Equip. Co., 395 S.W.2d 119 (Mo. banc 1965). On review, the court cannot substitute its judgment for that of the Commission upon disputed fact questions. Brandt v. E.O. Dorsch Elec. Co., 400 S.W.2d 452 (Mo. App. E.D. 1966). The reviewing court’s responsibility is to determine if the Commission reached a reasonable result from the facts that were found by the Commission. To set aside an award under this provision, it is necessary to show that the Commission could not have reasonably reached

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