Burkes v. Joe Fazio Bakery, Inc., 577 S.W.3d 179 (2019)

June 18, 2019 · Missouri Court of Appeals, Eastern District, DIVISION FOUR · No. ED 107411

577 S.W.3d 179

Nathaniel BURKES, Claimant/Appellant,
v.
JOE FAZIO BAKERY, INC., Employer/Respondent,
and
Division of Employment Security, Respondent.

No. ED 107411

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: June 18, 2019

Nathaniel Burkes, Appellant Acting Pro Se.

Joe Fazio Bakery, Inc., Respondent Acting Pro Se.

Todd A. Scott, Bart A. Matanic, 421 East Dunklin St., PO Box 59, Jefferson City, MO 65104, For Respondent DES.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

ORDER

PER CURIAM.

Nathaniel Burkes ("Claimant") appeals the decision of the Labor and Industrial Relations Commission (the "Commission") affirming the dismissal of Claimant's case because Claimant's appeal to the Division of Employment Security Appeals Tribunal was untimely filed. Because we find the Commission's decision to be based on competent and substantial evidence, we affirm the Commission's decision.

No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).