The Labor and Industrial Relations Commission strictly enforces the rules in Chapter 8, Code of State Regulations, particularly 8 CSR 20-3.030 regarding the Review of Awards and Orders In Workers' Compensation cases. It is the desire of the Commission to treat all parties fairly and equitably and to comply with the established procedures in a uniform manner. Please take special note of the following rules and procedures.
BRIEFS - Rule 20-3.030(3)(4) requires that if any applicant for review or respondent desires to file a brief or memorandum of law, it shall be so stated in the application or in the answer. The parties will be notified of the briefing schedule after receipt of the completed transcript and processing of the written request for transcript as set forth in this rule. Additional briefing requirements are set out in the Commission's Briefing Policy.
ORAL ARGUMENT - Rule 20-3.030(6) requires that any request for oral argument be made in the application for review or in an answer and set forth the reason the argument may not be made adequately by brief. Each party desiring to orally argue must file a brief with the Commission. The granting of oral argument is solely at the discretion of the Commission.
HARDSHIP SETTING - Rule 20-3.030(7) states oral argument may be denied and an accelerated briefing schedule may be set if the employee requests a hardship setting. The request for a hardship setting must be set forth in the application for review, in the answer or in a separate motion to the Commission and must set forth the reasons expedited review is necessary. Hardship settings are granted at the discretion of the Commission.
Temporary or partial awards will be expedited in the same manner as hardship cases.
TIMELY FILING - Rule 20-2.010(4) iterates the statutory requirements of § 287.480 RSMo (as amended) pertaining to the filing of any notice of appeal, application or other paper required under the law to be filed with the Commission. This includes the filing of request for extension of time for filing briefs. All such papers mailed to the Commission are deemed filed as of the date endorsed by the United States Post Office or the postage meter mark on the envelope or container in which such paper is received.
The Commission also will accept as proof of mailing the envelope or container provided by United States Postal Service Express Mail Service, having attached Label 11-B, properly completed by an employee of the United States Postal Service as to the date of acceptance.