XII. ADMINISTRATIVE APPEALS

A. Workers’ Compensation - § 287.495

An appeal is taken from a decision of the Labor and Industrial Relations Commission by filing a notice of appeal (Western District Form No. 5 on the Court’s website) along with any required docket fee with the Commission within 30 days from the date of the final award.  The Commission shall send a copy of the notice of appeal, information form, and the docket fee, if required, to the Clerk of the Court. The Commission shall file with this Court all documents and papers on file together with a transcript of any evidence that shall constitute the record on appeal. § 287.495.1

B. Unemployment Compensation - § 288.210

An appeal is taken from a decision of the Labor and Industrial Relations Commission by filing a notice of appeal (Western District Form No. 5 on the Court’s website) within 20 days after the decision has become final.  No individual claiming benefits shall be charged a docket fee.  § 288.380.5.  The Commission shall send a copy of the notice of appeal and information form to the Clerk of the Court. The Commission shall file with this Court all documents and papers on file together with a transcript of any evidence that shall constitute the record on appeal.
           

C. Petitions For Review From Decisions Of The Administrative Hearing Commission

If review is exclusively with the appellate court pursuant to § 621.189, petitions are filed directly in the Court of Appeals along with the required docket fee. § 621.189, Rule 100.02(b).  The petition for review shall specify the party seeking review, the decision sought to be reviewed, and a concise statement of the grounds on which jurisdiction is invoked. Rule 100.02(c).  The appellant shall serve a copy of the petition for review on each party of record and the agency. Proof of service shall be filed with this Court. Rule 100.02(d).

The record on appeal shall contain the items set forth in Rule 100.02(e). The record on appeal shall be due within 90 days after filing the petition for review or notice of appeal.  Rule 100.02(g).  If the record on appeal consists of only a legal file, it is due within 30 days from the date of filing the notice of appeal.  Rule 81.19.

The form, contents, filing, and service of briefs and motions shall be as provided in Rule 84.  Rule 100.02(i)

Reversal of Administrative Agency decision by Circuit Court

If the circuit court reverses a decision of an administrative agency and this Court reviews the decision of the administrative agency rather than the decision of the circuit court, the party aggrieved by the agency decision shall file the appellant’s brief and reply brief.  Rule 84.05(e). 

The appellant shall file a statement that respondent shall file the first brief in accordance with Rule 84.05(e).  Appellant shall file the statement with this court on or before the time when the record on appeal is filed and shall serve a copy on respondent. Western District Special Rule XXXV.