287.480. Application for review, time limit--when deemed filed--bond required, when. - Missouri Statutes

Application for review, time limit--when deemed filed--bond required,when.

287.480. 1. If an application for review is made to the commissionwithin twenty days from the date of the award, the full commission, if thefirst hearing was not held before the full commission, shall review theevidence, or, if considered advisable, as soon as practicable hear theparties at issue, their representatives and witnesses and shall make anaward and file it in like manner as specified in section 287.470. Anynotice of appeal, application or other paper required under this law to befiled with the division or the commission shall, when mailed to ortransmitted by electronic facsimile meeting the requirements of thedivision and received by the division or the commission, be deemed to befiled as of the date endorsed by the United States post office on theenvelope or container in which such paper is received, or the date receivedif filed by facsimile. In instances where the last day for the filing ofany such paper falls on a Sunday or legal holiday, the filing shall bedeemed timely if accomplished on the next day subsequent which is neither aSunday or a legal holiday. When filing by electronic facsimile meeting therequirements of the division, the parties shall, on the same date as thefacsimile transmission, mail by the United States mail the original and therequisite number of copies to the commission.

2. An employer who has been determined by the division to be anemployer subject to and operating pursuant to this chapter and has alsobeen determined to be uninsured may file an application for review but suchapplication for review shall be accompanied with and attached to theapplication for review a bond which shall be conditioned for thesatisfaction of the award in full, and if for any reason the appeal isdismissed or if the award is affirmed or modified, to satisfy in full suchmodification of the award as the commission may award. The surety on suchbond shall be a bank, savings and loan institution or an insurance companylicensed to do business in the state of Missouri. No appeal to thecommission shall be considered filed unless accompanied by such bond andsuch bond shall also be a prerequisite for appeal as provided in section287.495 and such appeal pursuant to section 287.495 shall not be consideredfiled unless accompanied by such bond. If any other employer pursuant tosection 287.040 would be liable, the employee shall be paid benefits fromthe bond until the bond is exhausted before the section 287.040 employer isrequired to pay.

(RSMo 1939 § 3731, A.L. 1963 p. 410, A.L. 1974 S.B. 417, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3341

CROSS REFERENCE:

Workers' compensation claims to be reviewed only by administrative law judges, commission or appellate courts, RSMo 287.801

(1951) Where referee found that employee sustained an injury from an accident arising out of and in course of his employment on conflicting evidence, industrial commission could reverse such finding and such reversal was not improper on ground referee alone saw and heard witnesses and was therefore the only one qualified to pass upon credibility. Diebold v. Great A. & P. Co. (A.), 241 S.W.2d 31.

(1958) Application for review deemed made on date it was received by commission rather than on date it was deposited in mail so that application for review, mailed on April 29 and received by commission on April 30, of an award made on April 19 was not timely made and commission had no jurisdiction to review referee's award. Tabb v. McGinley (A.), 313 S.W.2d 745.

(1967) The filing of an application for review of a referee's award in a workmen's compensation case within the time prescribed by the statute provided for such a review is jurisdictional, and if the commission had no jurisdiction to review the referee's award then neither the circuit court nor the appeals court has jurisdiction to consider the appeal from the award of the commission. Luketich v. Krey Packing Co. (A.), 413 S.W.2d 29.