There is a saying that Justice Delayed is Justice Denied. For 17 years Amie Elsworth has waited for Justice.
I. Dustin’s Injury and the Workers’ Compensation Case
Dustin Elsworth, an 18-year-old with no training in driving big rigs, was hired by Wayne County, Missouri to drive a dump truck. Just a few weeks after beginning work, and only six months after receiving his class F driver’s license, Dustin was involved in a devastating accident while driving a twin-axel dump truck, on Route D in Wayne County. The truck, which was hauling several tons of gravel, went off the road and rolled four times, crushing the cab, and leaving Dustin with a severe brain injury. As a result of his injuries, Dustin was in a coma-like state and paralyzed for the rest of his life, unable to move his limbs or communicate. He required around-the-clock care from his wife, Amie.
Dustin and Amie had only been married a few short months. Amie went from being Dustin's wife and partner to being his full time caretaker.
Amie hired Matt Uhrig and his team to represent Dustin and workers’ compensation claim was filed on Dustin’s behalf, and ultimately went before an Administrative Law Judge (ALJ). The ALJ determined that Dustin’s injuries were sustained in the course of his employment, and awarded him permanent total disability benefits. The ALJ also found that Amie was Dustin's wife and sole dependent.
II. The Employer’s Demand to Reduce Benefits and the Fight for Full Compensation
Wayne County and its insurer, the Missouri Association of Counties, disputed the ALJ’s award and requested a 25-50% reduction in benefits. They alleged that Dustin’s accident and injuries were caused by safety violations on his part: speeding and not wearing a seatbelt. They also claimed that Dustin, without any sort of evidence that Dustin suffered from ADHD and was "potentially" texting while driving. It is important to note that there was zero evidence to support either of these accusations against Dustin. Matt Uhrig contested every one of Wayne County's allegations, arguing that the County's evidence was speculative and that, in fact, Dustin had been wearing his seatbelt. Matt and his team further argued that regardless, the damage to the truck cab was so extensive that wearing a seatbelt wouldn’t have prevented Dustin's severe head injury. In the end the ALJ found that there was no credible evidence of texting or that ADHD contributed to the accident and there were no safety violations.
Matt Uhrig argued that Wayne County had failed to properly train 18 year old Dustin on the proper operation of a dump truck, which required Dustin, or any operator to possess a commercial driver’s license (CDL). Dustin had a CDL permit, which required Wayne County to have an experienced driver, with a CDL, to always ride with him. Wayne County officials testified that it was their responsibility to train Dustin and they knew he was not qualified to drive the dump truck by himself. However, Dustin's supervisor sent Dustin out to haul gravel alone on the day of the accident, admitting that he had allowed Dustin to drive by himself on the Wayne County Road and Bridge Department lot, but not on the public roads and highways.
Further, the team contended that Wayne County didn’t have clearly defined safety rules in place at the time of the accident, which would be necessary for the penalty reduction to apply. The evidence suggested that any such rules were created after the date of Dustin’s accident. The County claimed that telling Dustin to obey the law and wear a seatbelt constituted enforceable safety rules, but Matt Uhrig successfully argued that informal conversations and general admonishments didn't meet the legal requirements for reducing benefits due to safety violations and the Missouri Court of Appeals agreed.
III. Dustin’s Untimely Death and Amie’s Right to Benefits
Wayne County appealed and Dustin passed away just after in 2017 from causes unrelated to his accident. Because Dustin died before the award was finalized, it triggered a legal question about Amie’s right to ongoing benefits. Based on a Missouri Supreme Court case, Schoemehl v. Treasurer of the State of Missouri (2007), Amie could potentially receive Dustin’s permanent total disability benefits for the rest of her life. This was because Dustin's injuries occurred and his workers’ compensation claim was filed within a specific timeframe (referred to as the “Schoemehl window”) during which Schoemehl applied. Further, relevant case law established that when an employee dies while their claim is pending, Schoemehl applies and the Commission must follow its guidelines.
Matt Uhrig filed an amended claim with the Commission asserting Amie's rights to benefits under Schoemehl. While the Commission ultimately substituted Amie as a party to the case, it initially attempted to avoid deciding the Schoemehl issue. However, Matt and his team successfully argued that based on the precedent set in Taylor v. Ballard R-II Sch. Dist. (2009), the Commission was required to address Amie’s entitlement to benefits under Schoemehl. Since the Commission had already found Amie to be Dustin’s wife and sole dependent, all the necessary facts were in place to support awarding her lifetime benefits.
IV. Enforcing the Award and Final Victory
Even after the Commission and the Missouri Court of Appeals for the Southern District both upheld the award in Dustin's (and now Amie’s) favor, Wayne County and their insurer refused to pay. In June of 2018, Amie filed a memorandum with the Circuit Court of Wayne County seeking to enforce the Commission’s award and compel payment.
On July 27, 2021, the Wayne County Circuit Court issued a Summary Judgment in favor of Amie Elsworth. The Court ruled in Amie’s favor against Wayne County and granted her motion for summary judgment, finding that no genuine issue of material fact existed and that she was entitled to judgment as a matter of law. This ruling enforced the Commission’s award, ordering Wayne County and the Missouri Association of Counties to pay Amie all unpaid benefits owed since Dustin’s death in April 2017, as well as ongoing weekly benefits of $236.69 for the rest of her life.
Wayne County and their insurer then appealed the Circuit Court judgment (this is their second attempt before the appeals court) to the Missouri Court of Appeals, Southern District. The Court of Appeals issued its decision on August 20, 2024, affirming the Circuit Court’s judgment.
The Court of Appeals explained that the Circuit Court’s function in entering a judgment based on a Commission award is purely ministerial. The Circuit Court does not retry the case or determine any factual issues.
Wayne County argued that the Schoemehl issue (Amie’s right to lifetime benefits after Dustin’s death) was not properly decided by the Commission. The Court of Appeals found this argument to be without merit. Amie had raised the Schoemehl issue in her amended claim for compensation. While the Commission stated that it was not addressing the Schoemehl issue when it substituted Amiee as the claimant, it had already made the factual findings necessary to award her Schoemehl benefits. These findings included that Amie was married to Dustin at the time of his injury and was his sole dependent. The Court of Appeals ruled that based on these findings, along with the other requirements for Schoemehl benefits being met, Amie was legally entitled to them.
The Court of Appeals also considered the precedent set in Taylor v. Ballard R-II Sch. Dist (2009), which established that if the facts supporting a substitution of parties show that the new claimant is entitled to Schoemehl benefits, then no further findings or proceedings are required.
As a result, the Court of Appeals affirmed the Circuit Court’s judgment, ordering Wayne County and their insurer to pay Amie all unpaid benefits since Dustin’s death, as well as ongoing weekly benefits of $236.69 for the rest of her life.
As of the date of this post, Wayne County still has not paid and has not started making the weekly benefits they are required to make under the judgment. The unpaid balance of almost $140,000 incurs interest at the rate of 10% per annum.
