Effective 28 Aug 1998

287.480. Application for review, time limit — when deemed filed — bond required, when. — 1. If an application for review is made to the commission within twenty days from the date of the award, the full commission, if the first hearing was not held before the full commission, shall review the evidence, or, if considered advisable, as soon as practicable hear the parties at issue, their representatives and witnesses and shall make an award and file it in like manner as specified in section 287.470. 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 or transmitted by electronic facsimile meeting the requirements of the division 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, or the date received if filed by facsimile. In instances where the last day for the filing of any such paper falls on a Sunday or legal holiday, the filing shall be deemed timely if accomplished on the next day subsequent which is neither a Sunday or a legal holiday. When filing by electronic facsimile meeting the requirements of the division, the parties shall, on the same date as the facsimile transmission, mail by the United States mail the original and the requisite number of copies to the commission.

2. An employer who has been determined by the division to be an employer subject to and operating pursuant to this chapter and has also been determined to be uninsured may file an application for review but such application for review shall be accompanied with and attached to the application for review a bond which shall be conditioned for the satisfaction of the award in full, and if for any reason the appeal is dismissed or if the award is affirmed or modified, to satisfy in full such modification of the award as the commission may award. The surety on such bond shall be a bank, savings and loan institution or an insurance company licensed to do business in the state of Missouri. No appeal to the commission shall be considered filed unless accompanied by such bond and such bond shall also be a prerequisite for appeal as provided in section 287.495 and such appeal pursuant to section 287.495 shall not be considered filed unless accompanied by such bond. If any other employer pursuant to section 287.040 would be liable, the employee shall be paid benefits from the bond until the bond is exhausted before the section 287.040 employer is required to pay.

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(RSMo 1939 § 3731, A.L. 1963 p. 410, A.L. 1974 S.B. 417, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3341

CROSS REFERENCE:

Workers' compensation claims to be reviewed only by administrative law judges, commission or appellate courts, 287.801

(1951) Where referee found that employee sustained an injury from an accident arising out of and in course of his employment on conflicting evidence, industrial commission could reverse such finding and such reversal was not improper on ground referee alone saw and heard witnesses and was therefore the only one qualified to pass upon credibility. Diebold v. Great A. & P. Co. (A.), 241 S.W.2d 31.

(1958) Application for review deemed made on date it was received by commission rather than on date it was deposited in mail so that application for review, mailed on April 29 and received by commission on April 30, of an award made on April 19 was not timely made and commission had no jurisdiction to review referee's award. Tabb v. McGinley (A.), 313 S.W.2d 745.

(1967) The filing of an application for review of a referee's award in a workmen's compensation case within the time prescribed by the statute provided for such a review is jurisdictional, and if the commission had no jurisdiction to review the referee's award then neither the circuit court nor the appeals court has jurisdiction to consider the appeal from the award of the commission. Luketich v. Krey Packing Co. (A.), 413 S.W.2d 29.