Missouri Court of Appeals, Eastern District / Feb 28, 2023
John J. Benoist, Jr., Appellant, vs. Westin Trading, Inc., and Division of Employment Security, Respondents.
John J. Benoist, Jr. appealed the Labor and Industrial Relations Commission's denial of his claim for Pandemic Unemployment Assistance (PUA) benefits during the COVID-19 pandemic. Benoist contended he was eligible for PUA benefits under a CARES Act provision for individuals who refused to return to a workplace non-compliant with safety recommendations. The appellate court reversed and remanded the Commission's decision, finding that the Commission failed to address Benoist's eligibility under the specific Safety Provision of the CARES Act, thereby preventing meaningful appellate review.