Application for review, time limit
In a workers' compensation case, a person can ask the full commission to review a decision. That request has to be made within 20 days of the decision. If the request is mailed, it counts as filed on the date the post office stamps it. If the last day to file falls on a Sunday or holiday, the next regular day is okay. An employer who was found to not have insurance must include a special bond (a financial guarantee) with the review request, or the request will not count as filed.
287.480. , time limit — when filed — required, when. — 1. If an application for review is made to the within twenty days from the date of the , the full commission, if the first was not held before the full commission, shall the evidence, or, if considered advisable, as soon as hear the parties at , their representatives and witnesses and shall make an award and file it in like manner as specified in section 287.470. Any , or other paper required under this law to be filed with the or the commission shall, when mailed to or transmitted by meeting the requirements of the division and received by the division or the commission, be deemed to be filed as of the date endorsed by the United States post office on the envelope or container in which such paper is received, or the date received if filed by . In instances where the last day for the of any such paper falls on a Sunday or , the filing shall be deemed timely if accomplished on the next day subsequent which is neither a Sunday or a legal holiday. When filing by electronic facsimile meeting the requirements of the division, the parties shall, on the same date as the facsimile transmission, mail by the United States mail the original and the requisite number of copies to the commission. In addition, the commission may allow filing of applications for review, , motions, and other requests for with the commission by , in such manner as the commission may, by , .
2. An employer who has been determined by the division to be an employer subject to and operating this chapter and has also been determined to be may file an application for review but such application for review shall be accompanied with and attached to the application for review a bond which shall be for the of the award in full, and if for any reason the is dismissed or if the award is or , to satisfy in full such of the award as the commission may award. The on such bond shall be a bank, savings and loan institution or an insurance company licensed to do business in the state of Missouri. No appeal to the commission shall be considered filed unless accompanied by such bond and such bond shall also be a prerequisite for appeal as provided in section 287.495 and such appeal pursuant to section 287.495 shall not be considered filed unless accompanied by such bond. If any other employer pursuant to section 287.040 would be , the employee shall be paid benefits from the bond until the bond is exhausted before the section 287.040 employer is required to pay.
(RSMo 1939 § 3731, A.L. 1963 p. 410, A.L. 1974 S.B. 417, A.L. 1998 H.B. 1237, et al., A.L. 2021 S.B. 303)
Prior revision: 1929 § 3341
to be reviewed only by law judges, commission or , 287.801
(1958) Application for review deemed made on date it was received by commission rather than on date it was deposited in mail so that application for review, mailed on April 29 and received by commission on April 30, of an award made on April 19 was not timely made and commission had no to review 's award. Tabb v. McGinley (A.), 313 S.W.2d 745.
(1967) The filing of an application for review of a referee's award in a workmen's case within the time prescribed by the statute provided for such a review is , and if the commission had no jurisdiction to review the referee's award then neither the nor the appeals court has jurisdiction to consider the appeal from the award of the commission. Luketich v. Krey Packing Co. (A.), 413 S.W.2d 29.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.