Missouri Court of Appeals, Western District / Date unavailable
Shay Mechanical, LLC vs. Daniel Espey and Division of Employment Security
Shay Mechanical, LLC appealed the Labor and Industrial Relations Commission's decision affirming an award of unemployment benefits to Daniel Espey. Employer claimed the Commission erred by not inquiring into Espey's eligibility due to alleged self-employment and by affirming the Appeals Tribunal's decision that Espey was not fired for misconduct. The appellate court affirmed, holding that Employer abandoned the self-employment issue by failing to present evidence at the hearing and that the Commission's finding of no misconduct was supported by competent and substantial evidence.