Missouri Court of Appeals, Western District / May 23, 2023
Timothy W. Johnes vs. Division of Employment Security
Timothy W. Johnes appealed the Labor and Industrial Relations Commission's decision denying his appeal of prior decisions that found he was improperly paid unemployment benefits because he was unavailable for work. The Western District reversed and remanded, finding insufficient evidence to support the Commission's decision and that the Commission abused its discretion in dismissing Johnes's appeal for failure to appear at hearings. The court also found that a subsequent hearing notice vacated a prior dismissal, making Johnes's application for review timely.