Lee v. Staffing One
Lee v. Staffing One
Opinion of the Court
Idia Lee (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) dismissing her application for review regarding her unemployment benefits. We dismiss the appeal.
A deputy of the Division of Employment Security (Division) denied Claimant’s application for unemployment benefits, concluding that she was disqualified from receiving unemployment benefits because she had left work voluntarily without good cause attributable to her work. Claimant filed an appeal with the Appeals Tribunal, which entered an order dismissing her appeal. Claimant then filed an application for review with the Commission, which dismissed the application as untimely under section 288.200, RSMo 2000. Claimant has now appealed to this Court.
The Division has filed a motion to dismiss Claimant’s appeal. The Division asserts that Claimant’s application for review to the Commission was untimely and thus, the Commission and this Court are without jurisdiction to review her case. Claimant has not filed a response to the motion.
In unemployment matters, an aggrieved party has thirty (30) days from the mailing of the Appeals Tribunal decision to file an application for review with the Commission. Section 288.200.1. There are no exceptions in the statute to the thirty-day requirement. Without any exception in the statute, any failure to file a timely application for review divests the Commission of jurisdiction and it can only dismiss the application for review. Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo.App. E.D. 2003).
The Division’s motion to dismiss is granted. The appeal is dismissed for lack of jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.