GINA BEAMAN v. LOWE'S HOME CENTERS, INC. ( 2020 )


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  • GINA BEAMAN,                                           )
    )
    Appellant,                                    )
    )
    vs.                                                    )        No. SD36473
    )
    LOWE'S HOME CENTERS, INC.,                             )        Filed: June 23, 2020
    )
    Respondent.                                   )
    APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION
    AFFIRMED
    Gina Beaman lost a workers' compensation claim for failure to carry her burden of proof. She appeals,
    charging in each of six points that "there was not sufficient competent evidence" to support a decision against her.
    See § 287.495.1(4), RSMo. (2000)1
    Only factual findings needed to make an award for the employee need evidentiary support. Annayeva v.
    SAB of TSD of City of St. Louis, 
    597 S.W.3d 196
    , 200 n.8 (Mo. banc 2020). This tracks a basic precept – no
    evidence is needed to find against the party who bore the burden of proof or to uphold that decision on appeal. See,
    e.g., Taylor v. Taylor, 
    585 S.W.3d 390
    , 395 & n.5 (Mo. App. S.D. 2019).
    Offering no cognizable legal basis for reversal, Beaman's § 287.495.1(4) complaints fail without further
    discussion or analysis. See Guinn v. Treasurer, No. SD36380, slip op. at 9 (Mo. App. S.D. May 4, 2020). We
    reject all points and affirm the denial of benefits.
    MARY W. SHEFFIELD, J. – OPINION AUTHOR
    DANIEL E. SCOTT, P.J. – CONCURS
    DON E. BURRELL, J. – CONCURS
    1Harmonized with the constitutional standard ("supported by competent and substantial evidence[,]" Mo. Const. art.
    V, § 18) in Hampton v. Big Boy Steel Erection, 
    121 S.W.3d 220
    , 222 (Mo. banc 2003).
    

Document Info

Docket Number: SD36473

Judges: Judge Mary W. Sheffield

Filed Date: 6/23/2020

Precedential Status: Precedential

Modified Date: 6/23/2020