Section 55 Collateral Estoppel

• Library: Employer-Employee Law 2008

In Bresnahan v. May Department Stores Co., 726 S.W.2d 327
(Mo. banc 1987), the Court held that an unappealed decision of the Commission collaterally estopped a claimant from re-litigating the same fact issue in a separate cause of action against her employer.

In response to this case, the Missouri Employment Security Law, Chapter 288, RSMo, was amended to add what is now § 288.215, RSMo 2000. Section 288.215.1 provides that a finding of fact or conclusion of law made by an appeals tribunal or the Commission shall not be conclusive or binding in any separate or subsequent action not brought under Chapter 288. In addition, any finding of fact, conclusion of law, judgment, or order from any proceeding not under Chapter 288 shall not be binding or conclusive on an appeals tribunal or the Commission in any Chapter 288 proceeding. Section 288.215.2.

In Reed v....