Silva Meybatyan, Claimant/Appellant, v. Webster University, 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: Silva Meybatyan, Claimant/Appellant, v. Webster University, Respondent. Case Number: ED83295 Handdown Date: 12/23/2003 Appeal From: Labor and Industrial Relations Commission Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: John Palombi Opinion Summary: Silva Meybatyan appeals the labor and industrial relations commission's final award dismissing her application for review. DISMISSED. Division Five holds: This Court lacks jurisdiction to review Meybatyan's appeal because she failed to timely file her application for review with the commission. Citation: Opinion Author: Sherri B. Sullivan, Chief Judge Opinion Vote: DISMISSED. Mooney and Draper III, JJ., concur. Opinion:

Silva Meybatyan (Claimant) appeals from a final award of the Labor and Industrial Relations Commission (Commission) dismissing her application for review. We dismiss the appeal for lack of jurisdiction. On April 29, 2003, an administrative law judge (ALJ) issued an award denying Claimant's claim for workers' compensation benefits. Claimant filed an application for review with the Commission on May 28, 2003. The Commission dismissed her application, concluding it was untimely under Section 287.480. (FN1) Claimant filed a

notice of appeal to this Court. Section 287.480 provides a claimant with twenty (20) days from the date of the ALJ's award to file an application for review with the Commission. Therefore, Claimant's application for review was due on May 19, 2003. She did not file her application until May 28, 2003, and it was untimely. We issued an order directing Claimant to show cause why this appeal should not be dismissed for lack of jurisdiction. Claimant failed to file a response. The timely filing of an application for review in a workers' compensation case is jurisdictional and requires strict compliance with the statutory requirements. Malone v. Treasurer of State , 72 S.W.3d 608, 610 (Mo. App. E.D. 2002). Failure to comply with the statutory time for appeal results in a lapse of jurisdiction and of the right of appeal. Patterson v. St. Louis University Hosp. , 780 S.W.2d 106, 108 (Mo. App. E.D. 1989). The procedures outlined for appeal by the statute are mandatory. Malone, 72 S.W.3d at 610. An untimely application for review divests the Commission and this Court of jurisdiction. McCuin Phillips v. Clean- Tech , 34 S.W.3d 854, 855 (Mo. App. E.D. 2000). Accordingly, we have no jurisdiction to consider Claimant's appeal, which must be dismissed. Footnotes: FN1. All statutory references are to RSMo 2000, unless otherwise indicated. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.