(Download) "Dubinsky Brothers v. Industrial Commission" by St. Louis District Missouri Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Dubinsky Brothers v. Industrial Commission
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 19, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is an action in two counts for judicial review of two decisions of the Industrial Commission of Missouri, on two claims filed by Kenneth G. Siemers for benefits under the Missouri Employment Security Law. The action was brought by Dubinsky Brothers, Inc., d/b/a Esquire Theatre, the employing unit. The defendants were the Industrial Commission of Missouri, the Division of Employment Security of Missouri, and Kenneth G. Siemers, claimant. The judgment appealed from reversed the decisions of the Industrial Commission which was in favor of claimant on both claims, and held that claimant was not entitled to the benefits claimed. There was a finding by the court that the decision of the Industrial Commission was not supported by competent and substantial evidence; was against the weight of the evidence and the law; that on the whole record the Industrial Commission could not reasonably have made its findings in favor of claimant. By said judgment it was also ordered that plaintiff have restitution if payments had been made under the decision of the Industrial Commission. Costs were assessed against defendants. From this judgment an appeal was taken by the Division of Employment Security and the Industrial Commission. Claimant did not appeal. The claim which is the subject matter of Court I of the petition was filed February 2, 1959. Thereafter claimant sought benefits for the week ending March 21, 1959. The Deputy held that claimant was eligible for said benefits, and the Appeals Tribunal affirmed the Deputy's decision. Respondent then applied to the Commission for a review, which application was denied. Said denial had the effect of affirming the Appeals Tribunal's decision.