From award of Commission to Appellate Court - Within 30 days of date of final award of Commission
Briefing Requirements
In Deever v Karsch & Sons, Inc., 144 S.W.3d 370 (Mo.App.S.D. 2004), employer appealed Commission decision awarding workers’ compensation benefits to the claimant. The Court of Appeals held that the employer’s failure to pay statutory filing surcharge of $20 within 30 days after entry of decision by the Commission required dismissal of employer’s appeal even though the employer timely paid the $50 docket fee for the appeal. The Court held that payment of the full fee required in connection with an appeal was a jurisdictional requirement for an appeal. The Court further held there was no reason to distinguish between the docket fee required by Rule 81.04(c) from a surcharge required by Section 488.031.1 with respect to this prerequisite. Therefore, the Commission’s decision became binding and conclusive when no properly appealed within 30 days under Section 287.495.
In Richmond v Springfield Rehab & Healthcare, 138 S.W.3d 151 (Mo.App.S.D. 2004), employer’s appeal was dismissed for failure to comply with 84.04 which mandates what the brief should contain. Here, employer did not identify in any of his points the administrative ruling or action it is challenging, nor did they concisely state the legal reasons for its claims of reversible error nor did they explain why those legal reasons support the claims. Further, their argument section did not include a concise statement of the standard of review which is required under Rule 84.04 and employer cited no case law to support their argument.
In Bamber v Dale, 107 S.W.3d 489 (Mo.App.S.D. 2003), Court dismissed appeal for failure to comply with Rule 84.04, which mandates what an appeal should contain. Appellant employee’s brief did not contain notice of any legal basis under