Judicial review of decisions of industrial commission, grounds
After the industrial commission makes a final decision about unemployment benefits, the director or anyone unhappy with the decision has 20 days to appeal it to a higher court. The court cannot look at new evidence — it only reviews what was already presented. The court can only change the commission's decision for four reasons: the commission went beyond its authority, the decision was obtained through fraud, the facts don't match the award, or there wasn't enough real evidence to support the award.
288.210. of decisions of , grounds — to be a , when. — Within twenty days after a decision of the has become , the or any party by such decision may the decision to the having in the area where the or any one of the 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 for the western shall have jurisdiction of the appeal. Such appeal may be taken by with the commission, whereupon the commission shall, under its , to the court all documents and papers filed in the matter, together with a of the evidence, the findings and the , which shall become the of the cause. The commission shall notify the division of the of the appeal, and, upon receipt of such notice, the division shall be a party to any judicial involving any such decision and may be represented by any qualified attorney who may be employed or appointed by the director and 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 and in the absence of , shall be , and the jurisdiction of the appellate court shall be confined to questions of law. The court, on appeal, may , reverse, for , or 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 in the record to the making of the award. An appeal shall not act as a or unless the commission shall so .
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Source & history notes
(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.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.