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DIVISION OF EMPLOYMENT SEC. v. SIMMONS

No. WD 61995.

103 S.W.3d 910 (2003)

DIVISION OF EMPLOYMENT SECURITY, Appellant, v. Jennifer SIMMONS, Respondent.

Missouri Court of Appeals, Western District.

May 6, 2003.

Attorney(s) appearing for the Case

Marilyn G. Green, Jefferson City, for Appellant.

John W. Kurtz, Kansas City, for Respondent.

PAUL M. SPINDEN, Judge.

The Division of Employment Security appeals from the Labor and Industrial Relations Commission's determination that Jennifer Simmons was overpaid unemployment benefits in the amount of $3461. The division contends that, because Simmons did not have nine consecutive weeks of payable benefits, she should not have been paid for her "waiting week" as directed by § 288.040.1(4), RSMo 2000. Because the commission apparently declined to consider...

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