Linda Young, Claimant/Appellant, v. Algonquin Nurses, P.R.N., Inc., and Division of Employment Security, Respondents.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Linda Young, Claimant/Appellant, v. Algonquin Nurses, P.R.N., Inc., and Division of Employment Security, Respondents. Case Number: ED83604 Handdown Date: 04/06/2004 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Cynthia Ann Quetsch Opinion Summary: Linda Young (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) regarding her unemployment benefits DISMISSED. Division Five holds: Claimant was the prevailing party at the Commission and was awarded her unemployment benefits. As a result, she is not aggrieved by the Commission's decision and her appeal must be dismissed. Citation: Opinion Author: Sherri B. Sullivan, Chief Judge Opinion Vote: DISMISSED. Mooney and Draper III, JJ., concur. Opinion: Linda Young (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) regarding her unemployment benefits. Because we find Claimant is not aggrieved by the Commission's decision, we dismiss her appeal. A deputy granted Claimant's claim for unemployment benefits, concluding she quit her employment with good cause

attributable to her work. The employer Algonquin Nurses P.R.N., Inc. (Employer) appealed to the Appeals Tribunal. The Tribunal also concluded that Claimant was entitled to unemployment benefits. However, it concluded that Employer had discharged Claimant, but not for misconduct connected with her work. Employer filed an application for review with the Commission, which affirmed the decision of the Appeals Tribunal. Apparently believing her unemployment benefits had been denied, Claimant filed an appeal to this Court. The Division of Employment Security (Division) has filed a motion to dismiss the appeal, pointing out that Claimant prevailed in the litigation before the Commission and therefore, is not an aggrieved party entitled to an appeal. Claimant has not filed a response to the motion. Section 288.210 RSMo (2000) provides that "any party aggrieved by such decision" of the Commission may appeal to the appropriate appellate court. A party is not aggrieved when the party receives all of the relief sought. Gibbs v. McClain , 964 S.W.2d 850, 851 (Mo. App. S.D. 1998). Clearly, Claimant is not aggrieved by the Commission's decision. She was awarded her unemployment benefits and prevailed in the Employer's appeal to the Commission. The Division's motion is granted and the appeal is dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.