353 S.W.3d 668
Mo. Ct. App.2011Background
- Claimant Staci Adams was laid off from TAC Automotive Transportation on Nov 29, 2008 and sought Trade Act benefits, including TRA.
- Claimant filed a Trade Act claim on Nov 16, 2009 and received an Entitlement Determination on Dec 1, 2009 (TAA/TRA status unclear in the letter).
- DWD staff initially advised eligibility and processed a training approval request on Dec 18, 2009; Claimant began training scheduling for Jan 19, 2009.
- Claimant was informed on Jan 15, 2009 that TRA eligibility did not extend due to untimely training waiver request, allegedly due to misapplication of Petition 63052 instead of Petition 64643.
- ALJ determined the certification date used for deadlines was Apr 24, 2009 under Petition 64643, leading to a finding that the waiver request was untimely; Commission affirmed the ALJ’s result.
- The Missouri Court of Appeals reverses and remands to consider equitable tolling, following TEGL 8-11 issued Oct 19, 2011 allowing tolling in TRA deadlines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling was preserved for review. | Adams argues timeliness issue and tolling were raised. | Division contends issue not preserved for appeal. | Preserved; issue properly before the court. |
| Whether TEGL 8-11 permits equitable tolling of Trade Act training-waiver deadlines. | Adams seeks tolling due to misnotification and due diligence. | Division argues TEGLs preclude tolling and urges reliance on Schultz. | Remanded for factual and legal ruling on equitable tolling. |
Key Cases Cited
- St. John's Mercy Health Sys. v. Div. of Employment Sec., 273 S.W.3d 510 (Mo. banc 2009) (preservation and scope of tribunal review principles)
- Perry v. Tiersma, 148 S.W.3d 833 (Mo. App. S.D. 2004) (issues must be determined by the commission to be reviewed)
- Schultz v. Div. of Employment Sec., 293 S.W.3d 454 (Mo. App. E.D. 2008) (equitable tolling not previously extended to Trade Act deadlines; analyzed pre-TEGLs)
- Ross v. Union Pac. R.R. Co., 906 S.W.2d 711 (Mo. banc 1995) (equitable tolling available in some contexts for timely filing)
- Williams v. Board of Review, No official reporter cited in text (2011 (Ill.)) (federal/state authorities’ views on tolling in Trade Act context acknowledged by authority)