David Keeler v Associated Wholesale Grocers
Release Date: May 26, 2020
Venue: Southern District
Plot Summary: Court affirms dismissal of appeal to Commission as untimely.
https://www.courts.mo.gov/file.jsp?id=158173
Cast: Bates, Hon.
Bullock
Newman
Burks
Comments: Employer appeals the decision but didn't put enough postage on the appeal the first time and the second time mailed the appeal too late. It argues a paralegal mailed on April 9 the original application with insufficient postage and it was re-mailed on April 17 by private postage meter. It was received on April 22. The 20 day time period expired for filing an appeal on April 15. The Commission found the "filing date" was April 17 and untimely.
The Commission strictly construed the filing requirements and found no presumption of delivery exists when the original package contained insufficient postage.
The court notes a "new" firm represented the employer and the former firm withdrew after filing the notice. The court rejected an argument that the appeal should be allowed based on lack of prejudice.
