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Appeal to the Labor and Industrial Rights Commission

Appeal to the Labor and Industrial Rights Commission

Note: An Application for Review cannot be filed by e-mail.

What do you do if you receive a Division of Employment Security (DES) Appeals Tribunal decision that rules against you? If you believe the findings of fact are incorrect and/or the law was not correctly applied to the facts in your case, your only legal recourse is to file an Application for Review (appeal) with the Labor and Industrial Relations Commission.

How to File an Appeal of an Unemployment Insurance Case Decision

It is not necessary to use a specific form to file an Application for Review (appeal). A letter, mailed or faxed to the Division of Employment Security, Appeals Tribunal, P. O. Box 59, Jefferson City, MO 65104, 573-751-5620 (fax), is all that is needed to file a further appeal. A form is available online by clicking on: Application for Review (MOIC-L-6)

You have 30 calendar days after the mailing date of the decision to file an Application for Review. The date of mailing is located just above the Referee's name on the decision.

Contents of Application for Review

Your letter should include the parties' names, claimant's Social Security Number, and the Appeal Number or numbers if more than one appeal. The application for review must be signed by the person filing it. You may set out briefly why you disagree with the ruling of the Appeals Tribunal. Although you are not required to set out why you disagree with the ruling, this is your only opportunity to let the Commission know why you are appealing.

If the reason you are filing an appeal to the Commission is that you did not participate in the hearing, you should set out why you did not participate in your application for review.

What Happens After an Application for Review is Filed?

After your application for review is received, you will receive a confirmation letter. The other parties to the case will be mailed a copy of your application.

In most cases, a transcript of the hearing before the Referee will be prepared. This usually takes about two weeks. If you want a copy of the transcript, ask for it in your Application for Review. The transcript, including any exhibits entered in the record of the referee hearing, and the case file are forwarded to the Commission for its consideration.

Generally, the Commission does not take additional evidence. Parties may request an opportunity to present additional evidence in the form of newly discovered evidence. The Commission's rules provide that the party must show the evidence could not, with reasonable diligence, have been produced at the Appeals Tribunal hearing. 8 CSR 20-4.010(5)

After the Commission has completed its review of the case, You will be sent its written decision. There are three Commissioners. The agreement of two of them is enough to decide a case. Sometimes, when one of the commissioners disagrees with the other two, that commissioner may write a dissenting opinion. This dissenting opinion gives the reasons for the disagreement, but the dissenting opinion is not the decision of the Commission.

After the Commission has decided a case, the next step in the process is an appeal to the Missouri Court of Appeals. For further information about an appeal to the Court of Appeals, contact the Commission.

The Commission's decision becomes final 10 days after it is issued. An appeal of the Commission's decision to the appropriate district of the Missouri Court of Appeals must be filed by mailing the appeal to the Commission within 20 days after the Commission's decision is final. Use the form 8-B Unemployment Insurance Notice of Appeal (Fillable and Printable) to file such an appeal. (Instructions for completing the Form 8-B.) The jurisdiction for all matters not involving a claimant and those involving out-of-state claimants is in the Missouri Court of Appeals, Western District. The jurisdiction for all other matters is in the district of the court of appeals having jurisdiction in the county of the claimant's residence. For a list of the counties within the jurisdiction of each district of the Court of Appeals, see the Eastern District, Southern District, and Western District.

If you are an employer, other than a sole proprietor, you must have an attorney licensed to practice law in the state of Missouri file the Form 8-B on your behalf, pursuant to the rules of the Supreme Court of Missouri. The form was promulgated by the Supreme Court and is governed by Supreme Court Rule 100.02.

The Labor and Industrial Relations Commission Case Information Form must be completed and returned with the Notice of Appeal if the appeal is to the Missouri Court of Appeals, Eastern District.

NOTE: Claimants for unemployment insurance benefits are not required to submit the $70 filing fee. The filing of the Form 8-B, Notice of Appeal, initiates a civil appeal in the Missouri Court of Appeals. Matters pending before the Court generally are public records. Contact the appropriate division of the Court of Appeals if you have questions or concerns about public access to case information.

For more information on how to file an appeal, please contact the Commission at 573-751-2461 or e- mail [email protected].

Labor and Industrial Relations Commission
3315 West Truman Blvd., Room 214
P. O. Box 599
Jefferson City, MO 65102-0599
573-751-2461, 573-751-7806 (Fax)

Note: An Application for Review cannot be filed by e-mail.

Contact

Division of Employment Security
P.O. Box 59
Jefferson City, MO 65104-0059
Phone: 573-751-3215
Fax: 573-751-9730

Claimant's E-mail: [email protected]
Employer's E-mail: [email protected]
Appeals E-mail: [email protected]