Parent v. Division of Employment Security
Parent v. Division of Employment Security
Opinion of the Court
Mary Ann Parent (Claimant) appeals from a decision by the Labor and Industrial Relations Commission (Commission) denying her application for review as untimely. We dismiss the appeal for lack of jurisdiction.
In response to Claimant’s appeal, the Division has filed a motion to dismiss the appeal. The Division contends that Claimant’s untimely appeal to the Commission divested both the Commission and this Court of jurisdiction to consider her appeal. Claimant has not filed a response to the motion.
Section 288.200
Claimant’s failure to file her appeal in a timely fashion divested both the Commission and this Court of jurisdiction. McAtee v. Bio-Medical Applications of Missouri, Inc., 87 S.W.3d 894, 895 (Mo.App. E.D. 2002). Moreover, Section 288.200 fails to provide any mechanism for a party to seek a special order to file a late application for review. Id. The Division’s motion to dismiss is granted, and Claimant’s appeal is dismissed for lack of jurisdiction.
. All statutory references are to RSMo.2000, unless otherwise indicated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.