Mertens Construction Company, Inc. v. Division of Employment Security

Mertens Construction Gompany (“Mer-tens”) appeals the decision of the Labor and Industrial Relations Commission (“Commission”), which affirmed a decision of the Appeals Tribunal finding that Mer-tens stands in the position of Prestage Quarries, Inc. (“Prestage”) as a successor pursuant to section 288.110. 1 Mertens argues that the Commission erred because Mertens did not acquire substantially all of the business or continue the - business of Prestage without interruption, as required by section 288.110. We affirm.

Factual Background

Mertens is a Missouri corporation that is in the business of…