Missouri Court of Appeals, Western District / Date unavailable
Vaughn Wattree vs. Division of Employment Security
Vaughn Wattree appealed a decision by the Labor and Industrial Relations Commission, which affirmed the Appeals Tribunal's finding that his appeal of an unemployment benefit overpayment determination was untimely. The Division of Employment Security had determined Wattree was overpaid due to fraud and allegedly mailed a notice. The appellate court reversed, holding that the Commission's finding of timely mailing was not supported by competent and substantial evidence, as a mere copy of a notice without further proof or an affidavit is insufficient, especially when rebutted by credible testimony. The case was remanded for further proceedings on the merits of Wattree's appeal.