Missouri § 287.495 - Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980.

§ 287.495. Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980.

1.  The final award of the commission shall be conclusive and binding unless either party to the dispute shall, within thirty days from the date of the final award, appeal the award to the appellate court.  The appellate court shall have jurisdiction to review all decisions of the commission pursuant to this chapter where the division has original jurisdiction over the case.  Venue as established by subsection 2 of section 287.640 shall determine the appellate court which hears the appeal.  Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall, under its certificate, return to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and award, which shall thereupon become the record of the cause.  Upon appeal no additional evidence shall be heard and, in the absence of fraud, the findings of fact made by the commission within its powers shall be conclusive and binding.  The court, on appeal, shall review only questions of law and may modify, reverse, remand for rehearing, or set aside the award upon any of the following grounds and no other:

(1)  That the commission acted without or in excess of its powers;

(2)  That the award was procured by fraud;

(3)  That the facts found by the commission do not support the award;

(4)  That there was not sufficient competent evidence in the record to warrant the making of the award.

2.  The provisions of this section shall apply to all disputes based on claims arising on or after August 13, 1980.

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(L. 1980 H.B. 1396, A.L. 1998 H.B. 1237, et al.)

(2003) A reviewing court is not required to view evidence and all reasonable inferences therefrom in light most favorable to Labor and Industrial Relations Commission award.  Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo.banc).

---- end of effective  28 Aug 1998 ----

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