Fowler v. T.J. Ahrens Excavating, Inc.

• Decision Date: 20 May 2014
• Docket Number: No. ED 100599.,ED 100599.
• Citation: 431 S.W.3d 561
• Parties: John FOWLER, Respondent, v. T.J. AHRENS EXCAVATING, INC., Respondent, and Division of Employment Security, Appellant.
• Court: Missouri Court of Appeals

431 S.W.3d 561

John FOWLER, Respondent,
v.
T.J. AHRENS EXCAVATING, INC., Respondent,
and
Division of Employment Security, Appellant.

No. ED 100599.

Missouri Court of Appeals,
Eastern District,
Division Two.

May 20, 2014.

John Fowler, Acting Pro Se, Arnold, MO, T.J. Ahrens Excavating, Inc., Acting Pro Se, St. Louis, MO, for Respondent.

Christine K. Lesicko, Jefferson City, MO, for Appellant.

ROBERT G. DOWD, JR., Judge.

The Division of Employment Security appeals the order of the

[431 S.W.3d 562]

Labor and Industrial Relations Commission. The Commission's decision is not final, and we must dismiss the appeal

The Division determined that John Fowler (“Claimant”) was eligible for unemployment benefits from T.J. Ahrens Excavating, Inc. (“Employer”). The Employer appealed to the Appeals Tribunal on the grounds that Claimant was not available for work. The Appeals Tribunal was concerned that the appeal may not have been filed by an authorized party and set a hearing to decide whether the appeal was lawful and to determine Claimant's eligibility. At the hearing, there was testimony regarding the validity of the notice of appeal and testimony from both parties as to Claimant's availability for work. The Appeals Tribunal concluded that the notice of appeal was not valid and dismissed the appeal. It made no determination as to the merits of Employer's appeal.

On Employer's application for review, the Commission concluded that Employer's notice of appeal to the Appeals Tribunal was lawful and timely. Although it had the record of the Appeals Tribunal hearing containing evidence regarding the merits of the appeal, the Commission did not want to “deprive the parties of one level of administrative review.” Therefore, it remanded the matter back to the Appeals Tribunal with directions to review the transcript and issue a new decision solely on the merits. The Division filed a motion to the Commission asking it to reconsider its determination that the notice of appeal to the Appeals Tribunal was lawful. That motion was denied, and this appeal follows. There has been no response to this appeal by Claimant or Employer.

In an unemployment compensation case, appellate review of the Commission's decision is governed by Article 5, Section 18 of the Missouri Constitution and Section 288.210 of the Missouri Revised Statutes. Sanders v. Division of Employment Security, 392 S.W.3d 540, 542 (Mo.App.W.D.2013). Thereunder, only final decisions of an administrative officer are reviewable. Article 5, Section 18 (“All final decisions, findings, rules and orders on any administrative officer or body ... shall be subject to direct review by the courts as provided by law”); Section 288.210 (a party...