288.070. Claims for benefits--procedure--payment pending appeal. - Missouri Statutes

Claims for benefits--procedure--payment pending appeal.

288.070. 1. All claims shall be made in accordance with suchregulations as the division may prescribe; except that such regulationsshall not require the filing of a claim for benefits by the claimant inperson for a week of unemployment occurring immediately prior to theclaimant's reemployment, but claims in such cases may be made by mail, orotherwise if authorized by regulation. Notice of each initial claim filedby an insured worker which establishes the beginning of such worker'sbenefit year shall be promptly mailed by the division to each base periodemployer of such individual, except notice of an initial claim shall not bemailed to any contributing base period employer which paid such individualgross wages in the amount of four hundred dollars or less during suchindividual's base period, and to the last employing unit whose name isfurnished by the individual when such individual files such claim. Insimilar manner, a notice of each renewed claim filed by an insured workerduring a benefit year after a period in such year during which the insuredworker was employed shall be given to the last employing unit whose name isfurnished by the individual when the individual files such renewed claim orto any other base period or subsequent employer of the worker who hasrequested such a notice. Any such base period employer or any employingunit, which employed the claimant since the beginning of the base period,who within ten calendar days after the mailing of notice of the initialclaim or a renewed claim to the employer or employing unit's last knownaddress files a written protest against the allowance of benefits, and anyemploying unit from whom the claimant was separated during a week claimedother than a week in which an initial or renewed claim is effective, shallbe deemed an interested party to any determination allowing benefits duringthe benefit year until such time as the issue or issues raised by theprotest are resolved by a determination or decision which has become final.

2. If the last employer or any base period employer files a writtenprotest against the allowance of benefits based upon the claimant's refusalto accept suitable work when offered the claimant, either through thedivision or directly by such last or base period employer, and such protestis filed within ten calendar days of the claimant's refusal of work, suchemployer shall be deemed an interested party to any determinationconcerning the claimant's refusal of work until such time as the issue orissues raised by the protest are resolved by a determination or decisionwhich has become final.

3. Any base period employer or any employing unit, which employed theclaimant since the beginning of the base period, who files a writtenprotest against the allowance of benefits based upon the claimant not beingable to work or available for work shall be deemed an interested party toany determination concerning claimant's ability to work or availability forwork until such time as the issue or issues raised by the protest areresolved by a determination or decision which has become final.

4. A deputy shall promptly examine each initial claim and make adetermination of the claimant's status as an insured worker. Each suchdetermination shall be based on a written statement showing the amount ofwages for insured work paid to the claimant by each employer during theclaimant's base period and shall include a finding as to whether such wagesmeet the requirements for the claimant to be an insured worker, and, if so,the first day of the claimant's benefit year, the claimant's weekly benefitamount, and the maximum total amount of benefits which may be payable tothe claimant for weeks of unemployment in the claimant's benefit year. Thedeputy shall in respect to all claims for benefits thereafter filed by suchindividual in the claimant's benefit year make a written determination asto whether and in what amount the claimant is entitled to benefits for theweek or weeks with respect to which the determination is made. Wheneverclaims involve complex questions of law or fact, the deputy, with theapproval of the director, may refer such claims to the appeals tribunal,without making a determination, for a fair hearing and decision as providedin section 288.190.

5. The deputy shall, in writing, promptly notify the claimant of suchdeputy's determination on an initial claim, including the reason therefor,and a copy of the written statement as provided in subsection 4 of thissection. The deputy shall promptly notify the claimant and all otherinterested parties of such deputy's determination on any claim for benefitsand shall give the reason therefor; except that, where a determination on alater claim for benefits in a benefit year is the same as the determinationon a preceding claim, no additional notice shall be given. A determinationshall be final, when unappealed, in respect to any claim to which itapplies except that an appeal from a determination on a claim for benefitsshall be considered as an appeal from all later claims to which the samedetermination applies. The deputy may, however, not later than one yearfollowing the end of a benefit year, for good cause, reconsider anydetermination on any claim and shall promptly notify the claimant and otherinterested parties of such deputy's redetermination and the reasonstherefor. Whenever the deputy shall have notified any interested employerof the denial of benefits to a claimant for any week or weeks and shallthereafter allow benefits to such claimant for a subsequent week or weeks,the deputy shall notify such interested employer of the beginning date ofthe allowance of benefits for such subsequent period.

6. Unless the claimant or any interested party within thirty calendardays after notice of such determination is either delivered in person ormailed to the last known address of such claimant or interested party filesan appeal from such determination, it shall be final. If, pursuant to adetermination or redetermination, benefits are payable in any amount or inrespect to any week as to which there is no dispute, such amount ofbenefits shall be promptly paid regardless of any appeal.

7. Benefits shall be paid promptly in accordance with a determinationor redetermination pursuant to this section, or the decision of an appealstribunal, the labor and industrial relations commission of Missouri or areviewing court upon the issuance of such determination, redetermination ordecision (regardless of the pendency of the period to apply forreconsideration, file an appeal, or petition for judicial review asprovided in this section, or section 288.190, 288.200, or 288.210, as thecase may be, or the pendency of any such application, appeal, or petition)unless and until such determination, redetermination or decision has beenmodified or reversed by a subsequent redetermination or decision, in whichevent benefits shall be paid or denied for weeks of unemployment thereafterin accordance with such modified or reversed redetermination or decision.

8. Benefits paid during the pendency of the period to apply forreconsideration, file an appeal, or petition for judicial review or duringthe pendency of any such application, appeal, or petition shall beconsidered as having been due and payable regardless of any redeterminationor decision unless the modifying or reversing redetermination or decisionestablishes that the claimant willfully failed to disclose or falsified anyfact which would have disqualified the claimant or rendered the claimantineligible for such benefits as contemplated in subsection 9 of section288.380.

9. Benefits paid during the pendency of the period to apply forreconsideration, file an appeal, or petition for judicial review or duringthe pendency of any such application, appeal, or petition which would nothave been payable under a redetermination or decision which becomes finalshall not be chargeable to any employer. Beginning with benefits paid onand after January 1, 1998, the provisions of this subsection shall notapply to employers who have elected to make payments in lieu ofcontributions pursuant to subsection 3 of section 288.090. 10. Theten-day period mentioned in subsections 1 and 2 of this section and thethirty-day period mentioned in subsection 6 of this section may, for goodcause, be extended.

11. Any notice of claim or notice of determination required to bemailed by the division to an employer or claimant under this section may betransmitted electronically by the division to any employer or claimantrequesting such method of delivery. The date the division transmits suchnotice of claim or notice of determination shall be deemed the date ofmailing for purposes of filing a protest to the notice of* claim or filingan appeal concerning a notice of determination.

(L. 1951 p. 564, A.L. 1957 p. 531, A.L. 1972 S.B. 473, A.L. 1974 S.B. 450, A.L. 1979 S.B. 477, A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1993 H.B. 502, A.L. 1996 H.B. 1368, A.L. 2008 H.B. 2041)

Effective 10-01-08

*Word "or" appears in original rolls, a typographical error.