288.210. Judicial review of decisions of industrial commission, grounds--division to be a party, when. - Missouri Statutes

Judicial review of decisions of industrial commission,grounds--division to be a party, when.

288.210. Within twenty days after a decision of the commission hasbecome final, the director or any party aggrieved by such decision mayappeal the decision to the appellate court having jurisdiction in the areawhere the claimant or any one of the claimants reside. In such casesinvolving a claimant who is not a resident of this state, and in all casesnot involving a claimant, the Missouri court of appeals for the westerndistrict shall have jurisdiction of the appeal. Such appeal may be takenby filing notice of appeal with the commission, whereupon the commissionshall, under its certificate, return to the court all documents and papersfiled in the matter, together with a transcript of the evidence, thefindings and the award, which shall become the record of the cause. Thecommission shall notify the division of the commencement of the appeal,and, upon receipt of such notice, the division shall be a party to anyjudicial action involving any such decision and may be represented by anyqualified attorney who may be employed or appointed by the director anddesignated by the director for this purpose. Upon appeal no additionalevidence shall be heard. The findings of the commission as to the facts,if supported by competent and substantial evidence and in the absence offraud, shall be conclusive, and the jurisdiction of the appellate courtshall be confined to questions of law. The court, on appeal, may modify,reverse, remand for rehearing, or set aside the decision of the commissionon the following grounds and no other:

(1) That the commission acted without or in excess of its powers;

(2) That the decision was procured by fraud;

(3) That the facts found by the commission do not support the award;or

(4) That there was no sufficient competent evidence in the record towarrant the making of the award.An appeal shall not act as a supersedeas or stay unless the commissionshall so order.

(L. 1951 p. 564 § 288.180, A.L. 1961 p. 435, A.L. 1978 H.B. 1634, A.L. 1985 H.B. 373, A.L. 1995 H.B. 300 & 95)

(1975) A determination that a person is an "employer" must be reviewed by the circuit court of Cole County. Hansen v. Division of Employment Security (A.), 520 S.W.2d 150.

(1976) Held, exclusive jurisdiction of appeals from industrial commission is in circuit court of Cole County. Springfield Gen. Osteo. Hosp. v. Indus. Comm. (A.), 538 S.W.2d 364.

(1977) Claimant is disqualified from receiving unemployment benefits when reason for leaving job was her inability to find a baby-sitter. Lyell v. Labor and Industrial Relations Commission (A.), 553 S.W.2d 899.

(1985) The residence of a claimant is determined for circuit court jurisdiction at the time the aggrieved party files its original claim. Magdala Foundation v. Labor and Indus. Rel. (A.), 693 S.W.2d 193.

(1995) Statutory requirement of naming defendants is for administrative convenience and is not jurisdictional. Clay v. Labor and Industrial Relations Commission of Missouri, 908 S.W.2d 351 (Mo.banc).

(1997) Commission may not reconsider and reverse itself after the time for appeal expires. Burch Food Services v. Division of Employment Security, 945 S.W.2d 478 (Mo.App.W.D.).

(2005) Claimant's unsigned letter to Division of Employment Security's Appeals Tribunal constitutes valid notice of appeal from the deputy's determination. Rector v. Kelly, 183 S.W.3d 256 (Mo.App.W.D.).