Mariann Atwell v. James Fitzsimmons

This appeal reveals the problem with the Administrative Hearing Commission — in the context of administrative proceedings conducted outside the purview of the Labor and Industrial Relations Commission’s authority under Chapter 287, RSMo— usurping the exclusive statutory authority of the administrative tribunals of the Labor and Industrial Relations Commission to determine whether an employee’s injury shall be deemed to have arisen out of and in the course of employment with the employer and, if so, to what relief the injured employee is entitled.

Mariann Atwell (“Atwell”), the Director and…