Section 22 Burden of Proof

• Library: Employer-Employee Law 2008

Burden of proof was the key element in Lester E. Cox Medical Center v. Labor & Industrial Relations Commission, Division of Employment Security, 593 S.W.2d 610 (Mo. App. S.D. 1980). The court ruled that the burden of proving the claimant’s right to benefits is on the claimant. Because the claimant did not appear at the hearing, there was no evidence that the claimant was available for work.

In a voluntary leave case, the claimant has the burden of proof. Belle State Bank v. Industrial Commission, Div. of Employment Sec., 547 S.W.2d 841 (Mo. App. S.D. 1977). When the issue is misconduct, the employer has the burden of proof. Bus. Ctrs. of Mo., Inc. v. Labor & Indus. Relations Comm’n, 743 S.W.2d 588, 589 (Mo. App. E.D. 1988).

In Kansas City Club v. Labor & Industrial Relations Commission, 840 S.W.2d 273 (Mo. App. W.D. 1992)...