288.210. Judicial review of decisions of industrial commission, grounds — division to be a party, when. — Within twenty days after a decision of the commission has become final, the director or any party aggrieved by such decision may appeal the decision to the appellate court having jurisdiction in the area where the claimant or any one of the claimants reside. In such cases involving a claimant who is not a resident of this state, and in all cases not involving a claimant, the Missouri court of appeals for the western district shall have jurisdiction of the appeal. Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall, under its certificate, return to the court all documents and papers filed in the matter, together with a transcript of the evidence, the findings and the award, which shall become the record of the cause. The commission shall notify the division of the commencement of the appeal, and, upon receipt of such notice, the division shall be a party to any judicial action involving any such decision and may be represented by any qualified attorney who may be employed or appointed by the director and designated by the director for this purpose. Upon appeal no additional evidence shall be heard. The findings of the commission as to the facts, if supported by competent and substantial evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the appellate court shall be confined to questions of law. The court, on appeal, may modify, reverse, remand for rehearing, or set aside the decision of the commission on the following grounds and no other:
(1) That the commission acted without or in excess of its powers;
(2) That the decision was procured by fraud;
(3) That the facts found by the commission do not support the award; or
(4) That there was no sufficient competent evidence in the record to warrant the making of the award. An appeal shall not act as a supersedeas or stay unless the commission shall so order.
Notes of Decisions
White v. St. Louis Teachers Union, 217 S.W.3d 382 (Mo. Ct. App. 2007).
· cites it 17× “This court has jurisdiction pursuant to section 288.210, 2 which states, in relevant part: “In such cases involving a claimant who is not a resident of this state, and in all cases not involving a claimant, the Missouri court of appeals for the western district shall have…”
Martinez v. Lea-Ed, Inc., 155 S.W.3d 809 (Mo. Ct. App. 2005).
· cites it 9× “Section 288.210, RSMo 2000. The Commission’s decision becomes final ten days after the date it is mailed to the parties.”
Seck v. Dep't of Transp., 434 S.W.3d 74 (Mo. 2014).
· cites it 9× “Seek now seeks judicial review of the Commission’s decision under section 288.210. The Division acts as the respondent in such an appeal, see section 288.”
PharmFlex, Inc. v. Div. of Emp. Sec., 964 S.W.2d 825 (Mo. Ct. App. 1998).
· cites it 16× “Under § 288.210, RSMo Supp.1996, decisions of the Labor and Industrial Relations Commission are appealed directly to the appellate courts.”
Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195 (Mo. Ct. App. 2007).
· cites it 7× “Standard of Review Article 5, Section 18 of the Missouri Constitution and section 288.210, RSMo 2000, govern appellate review of an unemployment compensation case.”
Vandrie v. Performance Contracting & Div. of Emp. Sec., 992 S.W.2d 369 (Mo. Ct. App. 1999).
· cites it 22× “" No doubt, this is what the General Assembly intended in section 288.210, RSMo Supp.1998, which endeavors to restrict this court's review to four stated grounds "and no other.”
Shields v. Proctor & Gamble Paper Prods. Co., 164 S.W.3d 540 (Mo. Ct. App. 2005).
· cites it 7× “Standard of Review Our review of the Commission’s decision in an unemployment compensation case is governed by Article 5, Section 18 of the Missouri Constitution and section 288.210 RSMo 2000. 4 Winco Manufacturing, Inc.”
Scrivener Oil Co., Inc. v. Crider, 304 S.W.3d 261 (Mo. Ct. App. 2010).
· cites it 7× “Standard of Review “Article 5, Section 18 of the Missouri Constitution and section 288.210, RSMo 2000,[ 3 ] govern appellate review of an unemployment compensation case.”
Dixon v. Div. of Emp. Sec., 106 S.W.3d 536 (Mo. Ct. App. 2003).
· cites it 6× “Under section 288.210, decisions of the Labor and Industrial Relations Commission are appealed directly to the appellate courts.”
Dickemann v. Costco Wholesale Corp., 550 S.W.3d 65 (Mo. 2018).
· cites it 3× “This Court's review of the Commission's decision is governed by section 288.210. The Court "may modify, reverse, remand for rehearing, or set aside the decision of the commission on the following grounds:" (1) "the commission acted without or in excess of its powers;" (2) "the…”
Frisella v. Deuster Elec., Inc., 269 S.W.3d 895 (Mo. Ct. App. 2008).
· cites it 7× “Standard of Review Article 5, Section 18 of the Missouri Constitution and Section 288.210, RSMo 2000 1 set forth the standard for reviewing decisions of the Commission in unemployment compensation cases.”
— Mo. Rev. Stat. § 288.210(1) — 10 cases
— Mo. Rev. Stat. § 288.210(3) — 5 cases
— Mo. Rev. Stat. § 288.210(4) — 13 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.