DocketNumber: No. ED 83686
Citation Numbers: 126 S.W.3d 778
Judges: III, Mooney, Sullivan
Filed Date: 1/27/2004
Status: Precedential
Modified Date: 10/2/2021
Willie Lee Simpson (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) denying his application for review as untimely. We dismiss the appeal for lack of jurisdiction.
Claimant applied for unemployment benefits. Initially, a deputy of the Division of Employment Security (Division) determined that he was eligible for benefits. However, his employer, Adams Mark Hotel, appealed from this determination to the Appeals Tribunal. After a hearing, the Appeals Tribunal concluded that Claimant was disqualified from “waiting week” credit or benefits for four weeks and was otherwise ineligible for unemployment benefits because he had been discharged for misconduct connected with his
The Division has filed a motion to dismiss the appeal, arguing that Claimant’s application for review to the Commission was untimely, and therefore, this Court does not have jurisdiction to consider his appeal. Claimant has not filed a response to the motion.
Section 288.200.1
Neither the Commission nor this Court has jurisdiction because of Claimant’s failure to file his application for review with the Commission in a timely fashion. Bass v. Yong Min Kim, 101 S.W.3d 333 (Mo.App. E.D.2003). In addition, there is no provision in Section 288.200 for filing a late application for review with the Commission and its procedures are mandatory. McAtee v. Bio-Medical Applications of Missouri, Inc., 87 S.W.3d 894, 895 (Mo.App. E.D.2002). 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.