Lisa Harrison, Claimant/Appellant, v. Don Darr Pontiac, 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: Lisa Harrison, Claimant/Appellant, v. Don Darr Pontiac, Inc., and Division of Employment Security, Respondents. Case Number: ED88437 Handdown Date: 08/29/2006 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Cynthia Ann Quetsch Opinion Summary: Lisa Harrison appeals the labor and industrial relations commission's decision dismissing her application for review regarding her unemployment benefits. APPEAL DISMISSED. Division Five holds: Harrison's appeal must be dismissed because she did not file her application for review with the commission in a timely fashion, depriving the commission and this Court of jurisdiction over her case. Citation: Opinion Author: Booker T. Shaw, Chief Judge Opinion Vote: APPEAL DISMISSED. Norton and Cohen, JJ., concur. Opinion: Lisa Harrison (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) dismissing her application for review regarding her unemployment benefits. We dismiss the appeal. A deputy of the Division of Employment Security denied Claimant's application for unemployment benefits. Claimant sought review of that decision with the Appeals Tribunal, which also denied unemployment benefits. Claimant then filed an application for review with the Commission, which dismissed the application as untimely. Claimant has now

appealed to this Court. In unemployment matters, an aggrieved party has thirty (30) days from the mailing of the Appeals Tribunal decision to file an application for review with the Commission. Section 288.200.1, RSMo 2000. The statute sets forth no exceptions to the thirty-day requirement and the failure to file a timely application for review divests the Commission of jurisdiction and it can only dismiss the application for review. Brown v. MOCAP, Inc., 105 S.W.3d 854, 855 (Mo. App. E.D. 2003). The Appeals Tribunal mailed its decision to Claimant on May 4, 2006. The application for review was due thirty days later, on June 5, 2006. Section 288.200.1. Claimant filed her application for review on June 19, 2006, and it was untimely. The Division has filed a motion to dismiss the appeal. Claimant has not filed a response. The statutes fail to provide any mechanism for allowing an untimely application for review in an unemployment case. Phillips v. Clean-Tech, 34 S.W.3d 854, 855 (Mo.App. E.D. 2000). The lateness of the application for review automatically deprives the Commission, and ultimately this Court, of jurisdiction over the merits of her case. Truel v. Division of Employment Security, 166 S.W.3d 131, 132 (Mo. App. E.D. 2005); Moore v. Northview Village, Inc., 125 S.W.3d 347, 348 (Mo. App. E.D. 2004). Our only recourse is to dismiss the appeal. The Division's motion to dismiss is granted. The appeal is dismissed for lack of jurisdiction. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.