Timberson v. Division of Employment Security, 333 S.W.3d 30

Claimant Michael Timberson was employed by Allied Aviation Fueling Company of St. Louis from July 2000 to August 2009 as an aircraft fueler and utility painter.
On August 1, 2009, Claimant moved with his wife and child to Springfield, Illinois due to his wife's job, and his last day of work was August 4, 2009.
Claimant resigned citing the impracticality of commuting after relocating for his wife’s employment and to pursue different career opportunities.
Claimant filed for unemployment benefits; the Division denied benefits for voluntary quit without good cause attributable to work or employer.
The Appeals Tribunal found that Timberson voluntarily terminated employment to relocate, and the Commission affirmed, applying Missouri unemployment law.
The central issue was whether section 288.501 could be applied; the Department of Labor had not certified the section as in effect, rendering it inapplicable to Timberson’s claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether section 288.501 applies to Timberson's claim.	Timberson argues his resignation qualifies under 288.501(2)(b) as a compelling family reason.	Division/Employer argues 288.501 was not in effect as certified by the Secretary of Labor and thus not applicable.	288.501 not in effect; cannot apply

Reno v. Tyson Poultry, Inc., 204 S.W.3d 347 (Mo.App. W.D.2006) (review standard for factual support)
Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195 (Mo.App. W.D.2007) (statutory review and scope of appellate review)
Lindsey v. Univ. of Mo., 254 S.W.3d 168 (Mo.App. W.D.2008) (deference to commission findings of fact; law application)