In Mansfield v TG Missouri Corporation, 149 S.W.3d 895 (Mo.App.E.D. 2004), employer/insurer appeal Commission decision awarding benefits. However, the Court dismissed employer’s appeal and untimely. Notice of appeal under Section 287.495 is due within 30 days of the final award of the Commission. The Notice of Appeal was due on August 5, 2004. Employer sent notice of appeal which was received on 8/6/04. The notice of appeal was sent by Federal Express on 8/5/04. The only exception for filing outside the 30 days is if the notice of appeal is endorsed by the US post office. However, this exception does not apply when sent by a private dispatching service and not the USPS. Appeal dismissed.
In Harris v Pauwell’s Transformers 53 S.W.3d 164, 2001, the Court of Appeals held that the failure to comply with the statutory time for appeal results in a lapse of jurisdiction and the right of appeal. In this case the employer initially incorrectly filed a Notice of Appeal with the Eastern District Court of Appeals. That Notice of Appeal was returned to the employer and the employer then filed it’s Notice of Appeal with the Commission more than thirty (30) days from the date of the Commission’s Final Award therefore failing to comply with the statutory time requirements.