Legal Opinion

CMR Construction & Roofing, LLC v. Division of Employment Security

Missouri Court of Appeals

Decided November 1, 2005No. WD 64916PublishedCited by 3 opinions

1Opinion of the Court

RONALD R. HOLLIGER, Presiding Judge.

CMR Construction appeals a Labor and Industrial Relations Commission decision dismissing CMR’s appeal from the Division of Employment Security as untimely. Because the record indicates that the Commission failed to consider whether the Division may have received a timely motion to set aside a dismissal of CMR’s appeal to the Appeals Tribunal, we find insufficient evidence to support the Commission’s decision. Reversed and remanded.

Facts

This is a direct appeal from the Labor and Industrial Relations Commission pursuant to Section 288.210, RSMo 2000. The case…

2Cases cited4 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Stover Delivery System, Inc. v. Division of Employment SecurityMissouri Court of Appeals · 1999
  3. Hutchings Ex Rel. Hutchings v. RolingMissouri Court of Appeals · 2004
  4. Haislar v. Haislar Const. Co., Inc.Missouri Court of Appeals · 2004

3Cited by3 opinions

  1. Cooling v. State, Department of Social Services, Family Support DivisionMissouri Court of Appeals · 2014
  2. Calcara v. PPG Industries, Inc.Missouri Court of Appeals · 2007
  3. Nathan T. Cooling, Respondent/Cross-Appellant v. State of Missouri, Department of Social Services, Family Support Division, Appellant/Cross-Respondent.Missouri Court of Appeals · 2014

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