Timberson v. Div. of Employment Sec.

• Decision Date: 16 November 2010
• Docket Number: No. WD 71783.,WD 71783.
• Citation: 333 S.W.3d 30
• Parties: Michael TIMBERSON, Appellant,v.DIVISION OF EMPLOYMENT SECURITY, Respondent.
• Court: Missouri Court of Appeals

333 S.W.3d 30

Michael TIMBERSON, Appellant,
v.
DIVISION OF EMPLOYMENT SECURITY, Respondent.

No. WD 71783.

Missouri Court of Appeals, Western District.

Nov. 16, 2010.

[333 S.W.3d 31]

Mikah K. Thompson, for Appellant.Ninion S. Riley, for Respondent.Before Division Three: ALOK AHUJA, Presiding Judge, VICTOR C. HOWARD, Judge and CYNTHIA L. MARTIN, Judge.VICTOR C. HOWARD, Judge.

Michael Timberson (“Claimant”) appeals the decision of the Labor and Industrial Relations Commission (“the Commission”) affirming the Appeals Tribunal's finding that Claimant voluntarily left his job without good cause attributable to his job or his employer and was, therefore, disqualified for unemployment compensation benefits. On appeal, Claimant asserts that the Commission erred in denying his claim for unemployment benefits in that it failed to apply section 288.501, RSMo Cum.Supp.2009, which became effective prior to Claimant's resignation. The decision of the Commission is affirmed.

Factual and Procedural Background

Claimant was employed by Allied Aviation Fueling Company of St. Louis (“Employer”) as an aircraft fueler and utility painter from July 2000 to August 2009. On August 1, 2009, Claimant, his wife, and their child moved to Springfield, Illinois, after Claimant's wife accepted a job with the University of Illinois at Springfield. Claimant's last day of work with Employer was August 4, 2009. Claimant submitted a letter of resignation to Employer in which he stated that he was resigning from his position due to his wife taking a job in Springfield and to further seek different opportunities in his career choices.

Claimant thereafter filed a claim for unemployment benefits, and Employer protested the claim. A deputy of the Division of Employment Security (“the Division”) determined that Claimant was disqualified from receiving benefits because he voluntarily quit without good cause attributable to his work or Employer. Claimant filed an appeal, and a hearing was held before the Appeals Tribunal. Claimant testified that, prior to moving, he lived approximately twenty-five miles away from the location where he worked. After moving to Springfield, he lived 118 miles from his job. Although he commuted to St. Louis from Springfield for a few days after moving, he decided to resign from his job because the commute was impractical.

There was evidence at the hearing that Claimant earned $13.70 per hour working for Employer and that his wife would make $9.24 per hour at her job with the university in Springfield. Claimant testified that the only benefit his wife's job provided that his did not was that if he felt like taking classes at the university, he would get a fifty percent discount on tuition.

The Appeals Tribunal made a factual finding that Claimant voluntarily terminated his employment in order to relocate to Springfield with his wife because she had secured employment there. The Appeals Tribunal further found that, because Claimant did not leave his employment with good cause attributable to the work or Employer, he was disqualified from receiving benefits. Claimant filed an application for review with the Commission. The Commission affirmed and adopted the decision of the Appeals Tribunal, finding it to be supported by competent and substantial evidence on the whole record and in accordance with Missouri law. Claimant's appeal from the Commission's decision followed.

Standard of Review

The appellate court's review of the Commission's decision in an unemployment

[333 S.W.3d 32]

compensation case is governed by section 288.210, RSMo 2000. Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195, 197 (Mo.App. W.D.2007). Section 288.210 provides:

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 the appellate court shall be confined to questions of law. The court, on appeal, may modify, reverse, remand for rehearing, or set aside the decision of the commission on the following...