Applications for Review to the Labor and Industrial Relations Commission

Note: An Application for Review cannot be filed by e-mail.

What do you do if you receive a Decision of Appeals Tribunal that rules against you? If you believe the findings of fact are incorrect and/or the law was not correctly applied to the facts in your case, your only legal recourse is to file an application for review (appeal) with the Labor and Industrial Relations Commission.

You have 30 calendar days after the mailing date of the decision to file an application for review. The date of mailing is located just above the referee's name on the decision.

It is not necessary to use a specific form to file an application for review (appeal). A letter, mailed or faxed to the Division of Employment Security, Appeals Tribunal, P. O. Box 59, Jefferson City, MO 65104, 573-751-5620 (fax), is all that is needed to file a further appeal. A form is available online by clicking on: Application for Review (MOIC-L-6)

Contents of Application for Review

Your letter should include the parties' names, claimant's social security number and the appeal number or numbers if more than one appeal. The application for review must be signed by the person filing it. You may set out briefly why you disagree with the ruling of the Appeals Tribunal. Although you are not required to set out why you disagree with the ruling, this is your only opportunity to let the Commission know why you are appealing.

If the reason you are filing an appeal to the Commission is that you did not participate in the hearing, you should set out why you did not participate in your application for review.

What Happens After an Application for Review is Filed?

After your application for review is received, you will receive a letter confirming this. The other parties to the case will be mailed a copy of your application.

In most cases, a transcript of the hearing before the referee will be prepared. This usually takes about two weeks. If you want a copy of the transcript, ask for it in your application for review. The transcript, including any exhibits entered in the record of the referee hearing, and the case file are forwarded to the Commission for its consideration.

Generally, the Commission does not take additional evidence. Parties may request an opportunity to present additional evidence in the form of newly discovered evidence. The Commission's rules provide that the party must show that the evidence could not, with reasonable diligence, have been produced at the Appeals Tribunal hearing. 8 CSR 20-4.010(5)

After the Commission has completed its review of the case, it will send you its written decision. There are three Commissioners. The agreement of two of them is enough to decide a case. Sometimes, when one of the commissioners disagrees with the other two, that commissioner may write a dissenting opinion. This dissenting opinion gives the reasons for the disagreement, but the dissenting opinion is not the decision of the Commission.

After the Commission has decided a case, the next step in the process is an appeal to the Court of Appeals. For further information about an appeal to the Court of Appeals, contact the Commission.

Labor and Industrial Relations Commission
3315 West Truman Boulevard Room 214
P O Box 599
Jefferson City, MO 65102-0599
573-751-2461, 573-751-7806 (Fax)

Note: An Application for Review cannot be filed by e-mail.