Jones v. WIRELESS VISION, LLC

Missouri Court of Appeals

Jones v. WIRELESS VISION, LLC

316 S.W.3d 542, 2010 Mo. App. LEXIS 1007, 2010 WL 3001214

CourtMissouri Court of Appeals

DecidedAugust 3, 2010

DocketED 94962

StatusPublished

This text of 316 S.W.3d 542 (Jones v. WIRELESS VISION, LLC) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. WIRELESS VISION, LLC, 316 S.W.3d 542, 2010 Mo. App. LEXIS 1007, 2010 WL 3001214 (Mo. Ct. App. 2010).

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Opinion

ROY L. RICHTER, Chief Judge.

Chrystal Jones (Claimant) appeals the Labor and Industrial Relations Commission’s (Commission) decision denying her application for unemployment benefits. We dismiss the appeal.

A deputy of the Division of Employment Security (Division) concluded that Claimant was ineligible for unemployment benefits. Claimant appealed to the Appeals Tribunal, which reversed the deputy’s conclusion. Claimant’s employer then filed an application for review with the Commission, which issued an order reversing the Appeals Tribunal’s decision and concluding Claimant was ineligible for benefits. Claimant has now filed a notice of appeal to this Court. The Division has filed a motion to dismiss Claimant’s appeal, asserting it is untimely. Claimant has not filed a response to the motion.

Section 288.210, RSMo 2000, requires that a claimant file a notice of appeal to this Court from the Commission’s decision within twenty days of the decision becom *543 ing final. The Commission’s decision becomes final ten days after it is mailed to the parties. Section 288.200.2, RSMo 2000. Here, the Commission mailed its decision to Claimant on April 21, 2010. Therefore, the notice of appeal to this Court was due on or before May 21, 2010. Sections 288.200.2, 288.210.

Claimant mailed her notice of appeal to the Commission. Under section 288.240, RSMo 2000, a notice of appeal that is mailed to the Commission is “deemed to be filed as of the date endorsed by the United States post office on the envelope.... ” Here the date endorsed by the United States post office was May 29, 2010. As a result, Claimant’s notice of appeal is untimely under section 288.200.

Unemployment benefits are solely a creature of statutory provision. Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo. App. E.D.2005). The unemployment statutes do not provide for the late filing of the notice of appeal and do not recognize any exceptions for filing out of time. McCuin Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D.2000).

The Division’s motion to dismiss is granted. The appeal is dismissed.

KURT S. ODENWALD, J., and GARY M. GAERTNER, JR., J., concur.

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ROY L. RICHTER, Chief Judge.

Chrystal Jones (Claimant) appeals the Labor and Industrial Relations Commission’s (Commission) decision denying her application for unemployment benefits. We dismiss the appeal.

A deputy of the Division of Employment Security (Division) concluded that Claimant was ineligible for unemployment benefits. Claimant appealed to the Appeals Tribunal, which reversed the deputy’s conclusion. Claimant’s employer then filed an application for review with the Commission, which issued an order reversing the Appeals Tribunal’s decision and concluding Claimant was ineligible for benefits. Claimant has now filed a notice of appeal to this Court. The Division has filed a motion to dismiss Claimant’s appeal, asserting it is untimely. Claimant has not filed a response to the motion.

Section 288.210, RSMo 2000, requires that a claimant file a notice of appeal to this Court from the Commission’s decision within twenty days of the decision becom *543 ing final. The Commission’s decision becomes final ten days after it is mailed to the parties. Section 288.200.2, RSMo 2000. Here, the Commission mailed its decision to Claimant on April 21, 2010. Therefore, the notice of appeal to this Court was due on or before May 21, 2010. Sections 288.200.2, 288.210.

Claimant mailed her notice of appeal to the Commission. Under section 288.240, RSMo 2000, a notice of appeal that is mailed to the Commission is “deemed to be filed as of the date endorsed by the United States post office on the envelope.... ” Here the date endorsed by the United States post office was May 29, 2010. As a result, Claimant’s notice of appeal is untimely under section 288.200.

Unemployment benefits are solely a creature of statutory provision. Martinez v. Lea-Ed, Inc., 155 S.W.3d 809, 810 (Mo. App. E.D.2005). The unemployment statutes do not provide for the late filing of the notice of appeal and do not recognize any exceptions for filing out of time. McCuin Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D.2000).

The Division’s motion to dismiss is granted. The appeal is dismissed.

KURT S. ODENWALD, J., and GARY M. GAERTNER, JR., J., concur.

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316 S.W.3d 542, 2010 Mo. App. LEXIS 1007, 2010 WL 3001214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-wireless-vision-llc-moctapp-2010.

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