McCuin Phillips, Claimant/Appellant, v. Clean-Tech, Employer/Respondent, and Missouri Department of Labor and Industrial Relations, Division of Employment Security, Additional Party/Respondent.

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: McCuin Phillips, Claimant/Appellant, v. Clean-Tech, Employer/Respondent, and Missouri Department of Labor and Industrial Relations, Division of Employment Security, Additional Party/Respondent. Case Number: ED77931 Handdown Date: 12/26/2000 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Larry R. Ruhmann Opinion Summary: The Labor and Industrial Relations Commission denied claimant's application for review of the decision of the appeals tribunal because the application for review was untimely. DISMISSED. Division Five holds: (1) Claimant's filing of an application for review 47 days after the appeals tribunal's award was untimely under Section 288.200.1 RSMo (Cum. Supp. 1996), which requires filing within 30 days. (2)Because the commission did not have jurisdiction to review the decision, this Court does not have jurisdiction to review this appeal. Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. Hoff, C.J., Knaup Crane, J., and Crist, Sr. J., concur. Opinion: The Labor and Industrial Relations Commission denied claimant's application for review of the appeals tribunal's decision because the application for review was untimely. Claimant's untimely application divested both the commission

and this court of jurisdiction in this matter. Accordingly, we dismiss this appeal. McCuin Phillips, claimant, filed a claim for unemployment compensation with the Division of Employment Security. The deputy found that claimant was disqualified because he had voluntarily left his employment with his employer, Clean- Tech. Claimant filed an appeal with the appeals tribunal, which affirmed the deputy's determination. It mailed its decision to claimant on February 17, 2000. On April 4, 2000, the Labor and Industrial Relations Commission (Commission) received claimant's Application for Review of the decision of the Appeals Tribunal. The Commission denied this application because the application was not postmarked or received within thirty days of mailing of the decision. Claimant, acting pro se, appeals that decision to this court. On appeal claimant admits that his application was untimely but argues that he was not aware of the time restrictions and the delay did not adversely impact any of the parties. A party to any decision of an appeals tribunal may file with the Commission within thirty days following the date of notification or mailing of such decision, an application to have that decision reviewed by the commission. Section 288.200.1 RSMo (Cum. Supp. 1996). In this case, claimant's application for review was untimely because it was filed forty-seven days after the Appeals Tribunal's award. Section 288.200 RSMo does not provide for late filing and does not recognize any exceptions for filing out of time. The timely filing of an application for review in an administrative case is jurisdictional. Weber v. Division of Employment Sec., 950 S.W.2d 686, 687 (Mo. App. 1997). Claimant's failure to file a timely application for review divests the Commission of jurisdiction. Id. Because our jurisdiction is derived from that of the Commission, we have no jurisdiction if the Commission does not. Id. 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.