§ 537.690 — Petition for review of a decision by the division filed with commission — judicial review permitted, when.

Missouri § 537.690

• Jurisdiction: Missouri
• Title XXXVI: STATUTORY ACTIONS AND TORTS
• Ch. 537: Torts and Actions for Damages

Text

1.  Any of the parties to a decision of the division on a claim heard under the provisions of sections 537.675 to 537.693 may, within thirty days following the date of notification or mailing of such decision, file a petition with the labor and industrial relations commission to have the decision reviewed by the commission.  The commission may allow or deny a petition for review.  If a petition is allowed, the commission may affirm, reverse or set aside the decision of the division on the basis of the evidence previously submitted in such case or may take additional evidence or may remand the matter to the division with directions.  The commission shall promptly notify the parties of its decision and the reasons therefor.

2.  Any petition for review filed pursuant to subsection 1 of this section shall be deemed to be filed as of the date endorsed by the United States Postal Service on the envelope or container in which such petition is received.

3.  Any party who is aggrieved by a final decision of the commission entered pursuant to the provisions of subsections 1 and 2 of this section may seek judicial review thereof by appealing, within twenty days of a final decision to the appellate court having jurisdiction in the area where the appellant resides.  In such proceedings the attorney general, on behalf of the tort victims' compensation fund, shall defend the decision of the commission.  The commission shall not be a party in such actions.

Legislative History

(L. 2001 H.B. 107)