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Case Information
Docket Entries
- Clerk Remark Letter to Counsel re Remote Public Access.
- Acknowledgement Letter Sent
- NOA Filed in Appellate Court
- Filing Fee Paid
- rder to Show Cause Issued Appellant filed a notice of appeal of the Labor and Industrial Relations Commission's decision finding that it lacked jurisdiction to review the application of review filed by Appellant. In the order appealed from, the Commission found that it had no jurisdiction or authority to consider Appellant's application for review because it was not accompanied by a bond, and thus, applicable law required the Commission to return the application as if it had never been filed. Section 287.495, RSMo 2016 authorizes an appeal from the "final award of the commission." Where, as here, the Commission finds an employer to be uninsured and subject to and operating pursuant to the workers' compensation act, an appeal to this Court may only be considered when it is accompanied by a bond. Eldridge v. Barnes, 189 S.W.3d 182, 184 (Mo. App. E.D. 2006); section 287.480.2 RSMo 2016; 8 CSR 20-3.070(2). Here, the Commission has forwarded the notice of appeal to this Court and subsequently filed the record on appeal. However, Appellant has not filed a proof of a bond with this Court, and no bond was previously filed, which led to the Commission to treating Appellant's application for review as though it had never been filed. The procedures for appeal as set forth in the unemployment statutes are mandatory. Eldridge, 189 S.W.3d at 184. Appellant is directed to show cause on or before September 30, 2024, why this appeal should not be dismissed for lack of jurisdiction. Associated Entries: 09/29/2024 - Answer to Show Cause Order +
- ote to Clerk eFiling
- ranscript Filed Transcript Vol 4 of 7 pgs 97-191; Transcript Vol 5 of 7 pgs 192-246; Transcript Vol 6 of 7 pgs 247-262; Transcript Vol 7 of 7 pgs 263-277; Electronic Filing Certificate of Service.
- ote to Clerk eFiling
- ecord on Appeal ROA pgs 1-170; Transcript Vol 1 of 7 pgs 1-63; Transcript Vol 2 of 7 pgs 64-83; Transcript Vol 3 of 7 pgs 84-96; Electronic Filing Certificate of Service.
- lerk Remark Letter to Counsel re Remote Public Access.
- cknowledgement Letter Sent
- OA Filed in Appellate Court
- iling Fee Paid
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