When the workers' compensation commission makes a final decision, it becomes official and locked in. If someone disagrees, they have 30 days to appeal to a higher court. That court can only look at legal mistakes — it cannot hear new evidence. The court can only throw out or change the decision for four specific reasons: the commission went beyond its authority, the decision was gotten through fraud, the facts don't match the decision, or there wasn't enough solid evidence to support the decision. This rule applies to injury claims that started on or after August 13, 1980.
287.495. unless an is taken — grounds for setting aside — disputes governed by this section, arising on or after August 13, 1980. — 1. The final award of the shall be conclusive and unless either to the dispute shall, within thirty days from the date of the final award, appeal the to the . The appellate court shall have to all decisions of the commission this chapter where the has over the case. as established by 2 of section 287.640 shall determine the appellate court which hears the appeal. Such appeal may be taken by with the commission, whereupon the commission shall, under its , to the court all documents and papers on file in the matter, together with a of the , the findings and award, which shall thereupon become the of the . Upon appeal no additional evidence shall be heard and, in the absence of , the made by the commission within its powers shall be conclusive and binding. The court, on appeal, shall review only questions of law and may , reverse, for , or 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 in the record to the making of the award.
2. The of this section shall apply to all disputes based on claims arising on or after August 13, 1980.
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Source & history notes
(L. 1980 H.B. 1396, A.L. 1998 H.B. 1237, et al.) (2003) A reviewing court is not required to view evidence and all reasonable inferences therefrom in light most favorable to Labor and Industrial Relations Commission award. Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo.banc).
Related Missouri laws
Final award conclusive unless an appeal is taken
RSMo 287.490
Circuit court may act upon memorandum
RSMo 287.500
Application for review, time limit
RSMo 287.480
Temporary or partial awards may be made
RSMo 287.510
Commission may review and change award
RSMo 287.470
Notice
RSMo 287.520
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.