P.M. v. Metromedia Steakhouses Company

On May 22, 1992, respondent P. M. 1 was on an out-of-town business trip in her capacity as a marketing and advertising manager for appellant Metromedia Steakhouse when she was raped by Richard Biederman, a high-level Metromedia executive. Psychological trauma ensued, escalating over time despite her attempts to continue working for over a year after the attack. Eventually, P.M.'s mental condition deteriorated to the point where she was entirely unable to work (according to numerous doctors). The instant Worker's Compensation action was subsequently filed. During the period from June 3, 1993, to October 28, 1993, while P.M. was unable to work but was still a Metromedia employee, Metromedia made disability payments to her in amounts equivalent to two-thirds of her salary. Alleging that these benefits were terminated unjustifiably, without prior notice or explanation, P.M. sought a hardship hearing pursuant to RSMo. § 287.203, which the administrative law Judge (ALJ) granted. After the accelerated hearing, the ALJ concluded that P.M. was permanently, totally disabled and entered an award accordingly. Citing § 287.203's authorization for an award of the ""cost of recovery,"" the ALJ also ordered that Metromedia pay P.M.'s attorney's fee. The Labor and Industrial Relations Commission (LIRC) affirmed this award in toto.