537.690. Petition for review of a decision by the division filed with commission--judicial review permitted, when.

Petition for review of a decision by the division filed withcommission--judicial review permitted, when.

537.690. 1. Any of the parties to a decision of the division on aclaim heard under the provisions of sections 537.675 to 537.693 may, withinthirty days following the date of notification or mailing of such decision,file a petition with the labor and industrial relations commission to havethe decision reviewed by the commission. The commission may allow or denya petition for review. If a petition is allowed, the commission mayaffirm, reverse or set aside the decision of the division on the basis ofthe evidence previously submitted in such case or may take additionalevidence or may remand the matter to the division with directions. Thecommission shall promptly notify the parties of its decision and thereasons therefor.

2. Any petition for review filed pursuant to subsection 1 of thissection shall be deemed to be filed as of the date endorsed by the UnitedStates Postal Service on the envelope or container in which such petitionis received.

3. Any party who is aggrieved by a final decision of the commissionentered pursuant to the provisions of subsections 1 and 2 of this sectionmay seek judicial review thereof by appealing, within twenty days of afinal decision to the appellate court having jurisdiction in the area wherethe appellant resides. In such proceedings the attorney general, on behalfof the tort victims' compensation fund, shall defend the decision of thecommission. The commission shall not be a party in such actions.

(L. 2001 H.B. 107)