Missouri Revised Statutes

Mo. Rev. Stat. § 288.240 (2026)

Papers, deemed filed, when

✓ current as of May 2026
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  288.240.  Papers, deemed filed, when. — Any notice of appeal, application or other paper required under this law to be filed with the division or the commission shall, when mailed to and received by the division or the commission, be deemed to be filed as of the date endorsed by the United States post office on the envelope or container in which such paper is received.  In instances where the last day for the filing of any such paper falls on a Saturday, Sunday, or legal holiday, the filing shall be deemed timely if accomplished on the next day which is neither a Saturday, Sunday, nor a legal holiday.

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(L. 1951 p. 564 § 288.190, A.L. 1957 p. 531, A.L. 1984 H.B. 1251 & 1549)

Notes of Decisions
Cited in 144 cases (4 in the last 5 years), 1992–2025 · leading case: Dixon v. Stoam Indus., Inc., 216 S.W.3d 684 (Mo. Ct. App. 2006).
Dixon v. Stoam Indus., Inc., 216 S.W.3d 684 (Mo. Ct. App. 2006). · cites it 18× “We remand the case to the Commission with directions to hold a hearing and determine the date on which Claimant’s notice of appeal was “deemed” filed pursuant to section 288.240 by Claimant’s deposit of the notice with the United States Postal Service (“USPS”).”
Truel v. Div. of Emp. Sec., 166 S.W.3d 131 (Mo. Ct. App. 2005). · cites it 7× “” Section 288.240, RSMo 2000. Here, the last day for filing Claimant’s application for review was Friday, February 25, 2005.”
Brown v. Mocap, Inc., 105 S.W.3d 854 (Mo. Ct. App. 2003). · cites it 3× “200, RSMo 2000, requires that an application for review to the Commission shall be postmarked or filed within thirty days of the mailing of the Appeals Tribunal decision. Here, the Appeals Tribunal mailed its decision to the claimant on November 1, 2002.”
Bass v. Yong Min Kim, 101 S.W.3d 333 (Mo. Ct. App. 2003). · cites it 5× “210; Section 288.240, RSMo 2000. Thus, the claimant’s notice of appeal, which was filed on December 17, 2002, was one day late.”
Heffner v. Div. of Emp. Sec., 345 S.W.3d 393 (Mo. Ct. App. 2011). · cites it 5× “210; section 288.240, RSMo 2000. Claimant mailed her notice of appeal to the Commission.”
Mathis v. St. Louis Cnty. Health Dep't, 84 S.W.3d 524 (Mo. Ct. App. 2002). · cites it 3× “Section 288.240, RSMo 2000. Claimant’s notice of appeal filed on July 16, 2002 is untimely.”
Ross v. Div. of Emp. Sec., 332 S.W.3d 922 (Mo. Ct. App. 2011). · cites it 3× “Here, the Commission mailed its decision to Claimant on October 8, 2010, which makes his notice of appeal to this Court due on or before Monday, November 8, 2010.”
Alfred v. Delmar Gardens of Creve Coeur Operating, LLC, 257 S.W.3d 185 (Mo. Ct. App. 2008). · cites it 3× “Here, the Commission mailed its decision to Claimant on March 10, 2008. Therefore, the notice of appeal was due on April 9, 2008.”
Dorcis v. Div. of Emp. Sec., 168 S.W.3d 728 (Mo. Ct. App. 2005). · cites it 3× “Here, the Secretary for the Commission mailed its decisions to Claimant on April 14, 2005.”
Marciante v. Treasurer of Missouri as Custodian of Second Injury Fund, 477 S.W.3d 704 (Mo. Ct. App. 2015). · cites it 6× “We have considered a similar situation in the unemployment-compensation context.”
Loeffler v. Shop N Save, 121 S.W.3d 261 (Mo. Ct. App. 2003). · cites it 2× “Claimant’s notice of appeal was due August 2, 2003, within twenty days after the decision became final.”
Crowden v. Gen. Sign Co., 133 S.W.3d 562 (Mo. Ct. App. 2004). · cites it 2× “” Section 288.240. Therefore, Claimant’s application for review was untimely.”
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