In Madder v Rawlings Sporting Goods, Inc., 73 S.W.3d 83 (Mo.App. S.D. 2002), the Commission affirmed an Order of Dismissal of the ALJ for failure to prosecute. However, the Commission did not, in issuing it?s final denial award, have a written statement setting forth it?s Findings of Fact and Conclusions of Law by which the dismissal was effective. Reversed and remanded for further orders.
In Malone v Treasurer of the State of Missouri, 72 S.W.3d 608, 2002, an Application for Review was filed too late, and mistaken document of "Motion to Set Aside" is not a substitute, when not timely filed 20 days after the decision of the ALJ.
In Chapman v Didion & Sons Foundry, 63 S.W.3d 305 (Mo.App. E.D. 2001), LIRC reinstated claimant?s Workers? Compensation case after an ALJ had dismissed it for failure to prosecute. The employer argued that claimant had not filed a timely appeal from the dismissal to the Commission, therefore the Commission lacked jurisdiction. The Court held that since it was an "order" of the Commission and not a "final award" it was not appealable. Therefore the appellate court had no jurisdiction until all issues had been tried and the matter then could be presented on appeal.
In Shelton v Mo. Baptist Medical Center, 42 S.W.3d 700 (Mo.App. E.D. 2001), upon re-hearing, the Commission, an appeal to the Court of Appeals, the Court held that the ALJ did not lack authority to dismiss claimant?s claim at the mediation setting. Claimant specifically knew her claim was in danger of being dismissed if she did not keep appointments, for which she had been specifically ordered to keep, by the ALJ, which she failed to do. Sections 287.650 and 287.655 do not limit an ALJ?s authority to dismiss claims. Case dismissed after numerous settings.
In Brown v Sunshine Chevrolet, 27 S.W.3d 880 (Mo.App. 2000), the Commission remanded an order of dismissal from a legal advisor when the order was not supported by findings of fact or conclusions of law to permit sufficient facts for review.
In Oberreiter v Fullbright Trucking, 24 S.W.3d 727(Mo.App. 2000), the Commission has inherent power in the very nature of it?s function, implied in statutes and regulations to dismiss a case for lack of jurisdiction.
When a claim is dismissed without prejudice, it is barred by the statute of limitations, but in this case could be refiled within the statute due to tolling of the statute by the filing of a civil action in the same accident.
In Smith v Richardson Brothers Roofing Co., 32 S.W.3d 568 (Mo.App. S.D. 2000), an attempted amendment to an Application for Review from the ALJ to the Commission was properly dismissed since the amendment was not made within 20 days of the original award of the ALJ, despite the fact that the original Application for Review