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Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 288

previous next Effective - 28 Aug 1995, 2 historiesbottom

  288.210.  Judicial review of decisions of industrial commission, grounds — division to be a party, when. — Within twenty days after a decision of the commission has become final, the director or any party aggrieved by such decision may appeal the decision to the appellate court having jurisdiction in the area where the claimant or any one of the claimants reside.  In such cases involving a claimant who is not a resident of this state, and in all cases not involving a claimant, the Missouri court of appeals for the western district shall have jurisdiction of the appeal.  Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall, under its certificate, return to the court all documents and papers filed in the matter, together with a transcript of the evidence, the findings and the award, which shall become the record of the cause.  The commission shall notify the division of the commencement of the appeal, and, upon receipt of such notice, the division shall be a party to any judicial action involving any such decision and may be represented by any qualified attorney who may be employed or appointed by the director and designated by the director for this purpose.  Upon appeal no additional evidence shall be heard.  The findings of the commission as to the facts, if supported by competent and substantial evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the appellate court shall be confined to questions of law.  The court, on appeal, may modify, reverse, remand for rehearing, or set aside the decision of the commission on 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 to warrant the making of the award.  An appeal shall not act as a supersedeas or stay unless the commission shall 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)

(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.).


---- end of effective   28 Aug 1995 ----

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288.210 8/28/1995
288.210 7/1/1951 7/1/1951

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