Section 57 Scope of Review

• Library: Employer-Employee Law 2008

The court’s review is of the record, and there is no opportunity
to present additional evidence. Section 288.210, RSMo 2000. The findings of the Commission as to the facts are conclusive if supported by competent and substantial evidence and in the absence of fraud. Id. The jurisdiction of the court is confined to questions of law. Id. The appellate court is not bound by the Commission’s conclusions of law. Id.

On appeal, the court may modify, reverse, remand for rehearing, or set aside the decision on the following grounds and no other:

• That the Commission acted without or in excess of its powers

• That the decision was procured by fraud

• That the facts found by the Commission do not support the award

• That there was no sufficient competent evidence in the record to warrant the making of the award

Id.

The standard of review for worker’s compensation appeals was the subject of Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 222 (Mo. banc 2003). The Court held that the constitutional standard...