595.036. Grievances, decision of division, review of by labor and industrial relations commission, procedure--judicial review, when.

MISSOURI STATUTES AND CODES

595.036. Grievances, decision of division, review of by labor and industrial relations commission, procedure--judicial review, when.

Grievances, decision of division, review of by labor and industrialrelations commission, procedure--judicial review, when.

595.036. 1. Any party aggrieved by a decision of the department on aclaim under the provisions of sections 595.010 to 595.070* may, withinthirty days following the date of notification of mailing of such decision,file a petition with the division of workers' compensation of thedepartment of labor and industrial relations to have such decision heard denovo by an administrative law judge. The administrative law judge mayaffirm, reverse, or set aside the decision of the department of publicsafety on the basis of the evidence previously submitted in such case ormay take additional evidence or may remand the matter to the department ofpublic safety with directions. The division of workers' compensation shallpromptly notify the parties of its decision and the reasons therefor.

2. Any of the parties to a decision of an administrative law judge ofthe division of workers' compensation, as provided by subsection 1 of thissection, on a claim heard under the provisions of sections 595.010 to595.070* may, within thirty days following the date of notification ormailing of such decision, file a petition with the labor and industrialrelations commission to have such decision reviewed by the commission. Thecommission may allow or deny a petition for review. If a petition isallowed, the commission may affirm, reverse, or set aside the decision ofthe division of workers' compensation on the basis of the evidencepreviously submitted in such case or may take additional evidence or mayremand the matter to the division of workers' compensation with directions.The commission shall promptly notify the parties of its decision and thereasons therefor.

3. Any petition for review filed pursuant to subsection 1 of thissection shall be deemed to be filed as of the date endorsed by the UnitedStates Postal Service on the envelope or container in which such petitionis received.

4. Any party who is aggrieved by a final decision of the labor andindustrial relations commission pursuant to the provisions of subsections 2and 3 of this section shall within thirty days from the date of the finaldecision appeal the decision to the court of appeals. Such appeal may betaken by filing notice of appeal with commission, whereupon the commissionshall, under its certificate, return to the court all documents and paperson file in the matter, together with a transcript of the evidence, thefindings and award, which shall thereupon become the record of the cause.Upon appeal no additional evidence shall be heard and, in the absence offraud, the findings of fact made by the commission within its powers shallbe conclusive and binding. The court, on appeal, shall review onlyquestions of law and may modify, reverse, remand for rehearing, or setaside the award upon any of the following grounds and no other:

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

(2) That the award was procured by fraud;

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

(4) That there was not sufficient competent evidence in the record towarrant the making of the award.