Unemployment Compensation : Denial Of Benefits – Misconduct – Timeliness

Where an employer in an unemployment compensation case challenged the timeliness of the claimant’s filing of an application for review, which was 31 days after the issuance of the decision, the application was deemed timely since the last day for filing fell on a Sunday, and the claimant was not disqualified from benefits based on misconduct where his credible testimony showed that he was following instructions as he understood them and his conduct did not show the culpability to constitute misconduct.

Judgment is affirmed.

Weppner v. Shade Tree Service Co. (MLW No. 70631/Case No. ED105005 – 14 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from the Labor and Industrial Relations Commission (Whitney P. Cooney for appellant) (James F. Haffner and Meaghan P. Myers for respondent).

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