Difatta-Wheaton v. Dolphin Capital Corp.

MARY R. RUSSELL, Judge.

When Amy Difatta-Wheaton (“Claimant”) 1 was diagnosed with ovarian cancer, she was required to miss work to receive the emergency medical treatment she needed to save her life. This disease was certainly not her fault, nor a voluntary condition that she chose. Yet, she was disqualified by the Labor and Industrial Relations Commission (“Commission”) from receiving certain unemployment benefits under the Missouri employment security statute, section 288.050.1(1), RSMo Supp.2007. 2 She seeks review of the Commission’s decision.

This Court granted transfer after the court of…