Legal Opinion

Phelan v. Treasurer of Missouri

Missouri Court of Appeals

Decided April 8, 2008No. WD 68023PublishedCited by 2 opinions

1Opinion of the Court

HOWARD, Chief Judge.

Cynthia Phelan appeals the Labor and Industrial Relations Commission’s (Commission) dismissal of her Application for Review. The Commission determined that it lacked jurisdiction, pursuant to section 287.480.1, 1 because Phelan failed to file her review application within twenty days of the dismissal of her workers’ compensation claim. The record contains insufficient evidence to support the dismissal. There is no evidence that the order of dismissal was sent to Phelan via certified mail. For reasons explained below, we reverse the Commission and remand the matter for…

2Cases cited9 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Bosworth v. SewellSupreme Court of Missouri · 1996
  3. Eighmy v. Tandy/O'Sullivan IndustriesMissouri Court of Appeals · 1993
  4. Tidwell v. Walker ConstructionMissouri Court of Appeals · 2004
  5. Weston Transportation, Inc. v. SharpMissouri Court of Appeals · 1996

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3Cited by2 opinions

  1. Motor Control Specialities, Inc. v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 2010
  2. State v. BrownMissouri Court of Appeals · 2008

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