Although Employer thought he was covered by a valid workers' compensation policy on the date of the injury, he subsequently learned that his business was not insured by such policy. As a result, Claimant filed a workers' compensation claim against the SIF pursuant to section 287.220.5 for his medical expenses. During the hearing before the ALJ, Adeyemo testified that he was both the sole owner of University Copiers and Claimant's older brother. The SIF requested review by the Commission of the ALJ's award on the jurisdictional issue, contending that the workers' compensation law does not apply because Claimant and Employer are related within the third degree of affinity or consanguinity. The SIF appeals from the Commission's decision.
Jurisdiction has many meanings depending on the context used.
However, subject-matter jurisdiction cannot be conferred by consent or agreement of the parties, by appearance or answer, or by estoppel. State Tax Comm'n v. Admin. In rendering its decision, the Commission relied solely upon Schneider v. Union Electric Co. to conclude that the family exemption was an affirmative defense rather than an exception to the Commission's subject-matter jurisdiction. In Schneider, the plaintiff was injured when his foot slipped off the rung of a ladder, which connected the roofs of two Union Electric buildings. Union Electric argued for the first time on appeal that because the plaintiff was its statutory employee, his recovery was relegated to the workers' compensation remedy.