In a unanimous opinion, the Court affirmed the circuit court’s judgment finding that claims against the state demanding additional payment from the tort victims’ compensation fund established under sections 537.675-.693 were barred by sovereign immunity. The Court held that the “sue and be sued” language in the enabling statutes did not waive sovereign immunity for the claim, and that the statutory framework governing the fund, which bars any claim against the state for awards that cannot be paid for lack of appropriated funds, shows the legislature did not consent to a suit demanding more. The Court also emphasized that section 537.690 provides a review mechanism for grievances involving the fund based on decisions of the Missouri Division of Workers’ Compensation. The claimants were required to pursue that statutorily-prescribed administrative process to comply with the state’s limited consent to suit, which may have resolved the factual and legal disputes they raised.
