Braswell v. Missouri State Highway Patrol

NANCY STEFFEN RAHMEYER, Judge.

The Missouri State Highway Patrol (“Employer”) appeals the grant of temporary benefits to Caren Braswell (“Employee”), as a result of injury incurred while Employee was on duty as a trooper for Employer. Employer makes two claims of error, first:

The Commission erred in allowing Employee to escape the requirements of § 287.120.8 RSMo (1992) on appeal from the ALJ’s ruling, because in so doing, the Commission allowed Employee to mislead and surprise Employer by pleading one theory of compensability and recovering under another, in that the theory of compensability…