Suzana Long, Appellant, v. TA Travel Centers of America & Division of Employment Security, 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: Suzana Long, Appellant, v. TA Travel Centers of America & Division of Employment Security, Respondent Case Number: ED83214 Handdown Date: 09/02/2003 Appeal From: Labor and Industrial Relations Counsel for Appellant: Suzana Long Counsel for Respondent: Robert James, Ronald Miller and Larry Ruhmann Opinion Summary:

Suzana Long appeals thelabor and industrial relations commission's order denying her application for review as untimely. APPEAL DISMISSED. Division Five holds: This Court lacks jurisdiction to review Long's appeal because she failed to file her application for review with the commission within 30 days after the appeals tribunal mailed its decision to her. Citation: Opinion Author: Sherri B. Sullivan, Chief Judge Opinion Vote: DISMISSED. Mooney and Draper, III, JJ., concur Opinion: Suzana Long (Claimant) appeals the Labor and Industrial Relations Commission's (Commission) decision denying her application for review as untimely. We dismiss the appeal for lack of jurisdiction. On December 14, 1999, a deputy of the Division of Employment Security (Division) found that Claimant was eligible for unemployment benefits. Her employer, TA Operating Corporation, filed a timely appeal with the Appeals Tribunal. After a hearing in which Claimant did not appear, the Appeals Tribunal determined Claimant was disqualified from receiving

unemployment benefits because she voluntarily quit work without good cause attributable to her work or employer. The Appeals Tribunal mailed this decision to Claimant on February 9, 2000. Over three years later, Claimant filed an application for review with the Commission on June 23, 2003. The Commission denied the application for review because it was untimely under Section 288.200.(FN1) Claimant now appeals to this Court. The Division has filed a motion to dismiss the appeal, contending that Claimant's untimely appeal to the Commission divested both the Commission and this Court of jurisdiction to consider her appeal. Claimant has not filed a response to the motion. Section 288.200 provides that an application for review filed with the Commission shall be postmarked or filed within thirty (30) days of the mailing of the Appeals Tribunal decision. Here, the Appeals Tribunal mailed its decision to Claimant on February 9, 2000. Claimant filed her application for review over three years later, on June 23, 2003. Therefore, her appeal to the Commission was untimely. In her application for review with the Commission, Claimant contended that she did not know about the employer's dispute of her unemployment or the hearing. However, no matter the reason, Section 288.200 fails to provide a party with any way to seek a special order for late application for review. McAtee v. Bio-Medical Applications of Missouri, Inc. , 87 S.W.3d 894, 895 (Mo. App. E.D. 2002); see also, Bass v. Yong Min Kim , 101 S.W.3d 333 (Mo. App. E.D. 2003). In addition, as the Division suggests, Claimant's failure to file her appeal in a timely fashion divested both the Commission and this Court of jurisdiction. Id. The Division's motion to dismiss is granted and Claimant's appeal is dismissed for lack of jurisdiction. 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.