JANET ANHALT v. PENMAC PERSONNEL SERVICES, INC., and ACE AMERICAN INSURANCE COMPANY

In this workers compensation - appeal, Penmac complains that the Commission awarded benefits on a liability theory Claimant never raised before the ALJ or in seeking Commission review. 1 “[E]ven if the Commission could properly consider non-appealed matters ... it could not do so without appropriate notice and opportunity to be heard.” Nolan v. Degussa Admixtures, Inc., 246 S.W.3d. 1, 5 (Mo.App.S.D. 2008); see also Mell v. Biebel Bros., Inc., 247 S.W.3d 26, 32 (Mo.App.E.D. 2008); Stonecipher v. Poplar Bluff R1 School Dist., 205 S.W.3d 326, 332-33 (Mo.App.S.D. 2006). We reverse and remand for…