Theus v. Industrial Commission, KCD

• Court: Missouri Court of Appeals
• Writing for the Court: DIXON
• Citation: Theus v. Industrial Commission, 554 S.W.2d 516 (Mo. App. 1977)
• Decision Date: 27 June 1977
• Docket Number: No. KCD,KCD
• Parties: Ella M. THEUS, Plaintiff-Appellant, v. The INDUSTRIAL COMMISSION of Missouri, the Division of Employment Security of the State of Missouri, and Allright Electronic Foods, d/b/a Don's World of Beef, Defendants-Respondents. 28968.

Page 516

554 S.W.2d 516

Ella M. THEUS, Plaintiff-Appellant, v. The INDUSTRIAL COMMISSION of Missouri, the Division of Employment Security of the State of Missouri, and Allright Electronic Foods, d/b/a Don's World of Beef, Defendants-Respondents.

No. KCD 28968.

Missouri Court of Appeals, Kansas City District.

June 27, 1977.

Motion for Rehearing and/or Transfer Denied Aug. 5, 1977.

Application to Transfer Denied Sept. 12, 1977.

Dale K. Irwin, Kansas City, for appellant.

Rick V. Morris, William W. Clinkenbeard, Jefferson City, for respondent, Division of Employment Security.

Charles B. Fain, Jefferson City, for respondent, Labor and Industrial Relations Commission.

Before DIXON, P. J., and WASSERSTROM and TURNAGE, JJ.

DIXON, Judge.

Plaintiff appeals from a judgment of the Circuit Court of Jackson County, Missouri, affirming the order of the Industrial Commission of Missouri denying review of a decision by the Appeals Tribunal of the Division of Employment Security rejecting plaintiff's claim for unemployment benefits. For purposes of judicial review, the findings and decision of the Appeals Tribunal becomes that of the Commission. Section 288.200(1), RSMo 1969.

Plaintiff filed a claim for unemployment compensation. A deputy in the Division of Employment Security denied the claim finding that plaintiff left work voluntarily without good cause because no firm promise of a raise had been made. Plaintiff appealed the deputy's decision to the Appeals Tribunal which after a hearing also determined that plaintiff left her work voluntarily without good cause attributable to her work or to her employer. Section 288.050.1(1), RSMo 1969. Plaintiff's appeal of the decision of the Appeals Tribunal to the Industrial Commission was denied, and the decision of the Commission was then affirmed by the Circuit Court.

Plaintiff argues that the decision of the Commission is against the weight of the evidence, because her employer is estopped by its actions from asserting that she left her employment voluntarily, and, alternatively, that even if it is determined that she voluntarily left her employment, she did so with good cause attributable to her employer. Section 288.050.1(1), RSMo 1969.

The standard of review for appeals from determinations of the Industrial Commission is governed by statute. "In any judicial proceeding under this section, the findings of the commission as to the facts, if supported by competent and substantial evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law." Section 288.210, RSMo 1969. This court may not substitute its judgment on the evidence for that of the Commission, its review being limited to determining on the whole record whether the Commission could have reasonably made its findings, considering the evidence most favorable to the results reached. Trail v. Industrial Commission of Missouri, 540 S.W.2d 179 (Mo.App.1976); Laswell v. Industrial Commission of Missouri, 534 S.W.2d 613 (Mo.App.1976).

Plaintiff had been an employee of Don's World of Beef for two and one-half years when she submitted her resignation in November, 1975. She had obtained another job but agreed to continue at Don's World of Beef until after the Future Farmers Convention. Shortly after the convention, while plaintiff was still working, the manager of Don's World of Beef asked her if she would consider staying on if he could get her a pay increase of fifteen cents per hour. Plaintiff agreed, but the manager did not make the request that day. When the manager returned to the restaurant the following day, several employees were angry, having heard, apparently from plaintiff, about his offer. Because of the incident, the manager decided to accept plaintiff's resignation without seeking the salary increase, to which plaintiff replied that she would...