Onyia v. Miss. Employment Sec. Comm'n
| Docket Number: | 2011-CC-01476-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2012 Opinion Author: Fair, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - Section 71-5-519 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 07-19-2011 Appealed from: Hinds County Circuit Court Judge: Jeff Weill, Sr. Disposition: CIRCUIT COURT AFFIRMED AGENCY DECISION TO DENY UNEMPLOYMENT BENEFITS Case Number: 251-11-8 CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Menkem Onyia |
PRO SE |
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| Appellee: | Mississippi Employment Security Commission | ALBERT B. WHITE LEANNE FRANKLIN BRADY | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Unemployment benefits - Timeliness of appeal - Section 71-5-519 |
| Summary of the Facts: | Menkem Onyia sought unemployment benefits after leaving his employer, Integrated Management Services, where he worked as an inspector for approximately nineteen months. The claims examiner denied benefits. Onyia appealed to the Administrative Law Judge who also denied benefits. Onyia then attempted to appeal to the MDES Board of Review, but the Board found his appeal untimely. Onyia appealed the MDES decision to the circuit court which affirmed. Onyia appeals. |
| Summary of Opinion Analysis: | Onyia argues that his appeal was timely filed. According to Onyia, his appeal was delivered by the post office to MDES on time, but MDES did not acknowledge it until several days later. To be timely under section 71-5-519, Onyia’s appeal to the Board of Review must have been received by MDES within fourteen days of the mailing of the ALJ’s decision. The ALJ’s order denying benefits was mailed to Onyia on November 19, 2010. The statutory deadline for Onyia to file an appeal to the Board of Review was December 3, 2010, and the ALJ’s decision included a notice to Onyia informing him of this deadline. Onyia argues that the impossible dating of the postal return receipt as November 6, together with the stamped receipt of December 7, indicate that MDES’s records are unreliable. He also contends that he called MDES on December 3 and was told that his appeal had been made. However, Onyia’s contentions are entirely unsupported by the record created before MDES. Thus, the judgment is upheld. |
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