Workers’ Compensation: Deceased Employee-Successor in Interest-Sufficiency of Evidence

Where an employer challenged an award of workers’ compensation benefits to the estate of a deceased employee, Section 287.580 applied and did not mandate the application of Rule 52.13, and the requirements of the statute were satisfied, so the employer did not show that the successor in interest was untimely substituted, and the judgment is affirmed because the claim survived the employee’s death and was pursued by the personal representative of the estate to final award, and there was sufficient and competent evidence to support the award.

Judgment is affirmed.

Butterball LLC v. Dobrauc (MLW No. 74919/Case No. SD36205 – 11 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from the Labor and Industrial Relations Commission.