Headrick v. Jackes-Evans Manufacturing Co.

LAWRENCE G. CRAHAN, Judge.

Michael Headrick (“Appellant”) appeals from an order of the Labor and Industrial Relations Commission (“Commission”) dismissing his action for failure to file an Application for Review within the twenty-day statutory period as required by section 287.480.1 RSMo 2000 1 because the envelope in which it was mailed was erroneously postmarked. We reverse and remand to the Commission with directions to conduct a hearing to determine, from the totality of the circumstances, whether the Application was, in fact, timely mailed and, if the Commission determines the application…