Miss. Dep't of Employment Sec. v. Johnson


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Docket Number: 2007-CC-00433-COA
Linked Case(s): 2007-CC-00433-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-25-2008
Opinion Author: MYERS, P.J.
Holding: Reversed and Rendered

Additional Case Information: Topic: Unemployment benefits - Abandonment of appeal - Mississippi Department of Employment Security Appeal Regulation 10
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 01-11-2007
Appealed from: WASHINGTON COUNTY CIRCUIT COURT
Judge: Margaret Carey-McCray
Disposition: CIRCUIT COURT REVERSED DECISION OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, AWARDING UNEMPLOYMENT BENEFITS TO THE CLAIMANT.
Case Number: 2006-221(CM)(W)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY F/K/A MISSISSIPPI EMPLOYMENT SECURITY COMMISSION




LEANNE F. BRADY



 

Appellee: JOHN JOHNSON, II JOHN D. JOHNSON, II (PRO SE)  

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Topic: Unemployment benefits - Abandonment of appeal - Mississippi Department of Employment Security Appeal Regulation 10

Summary of the Facts: John Johnson, II, a former instructor for the Greenville Public School District, was denied benefits by the claims examiner based on a finding of misconduct. Johnson appealed the decision; however, both he and the employer failed to appear at the hearing. Johnson’s appeal was deemed abandoned and dismissed, and was later affirmed by the MDES Board of Review. The circuit court overturned the decision of the Board of Review, finding that the employer’s failure to appear at the hearing was a failure to present the necessary evidence against Johnson. MDES appeals.

Summary of Opinion Analysis: MDES argues that Johnson abandoned his appeal according to the Mississippi Department of Employment Security Appeal Regulation 10, which provides an avenue for dismissal of a claimant’s appeal should that claimant fail to pursue his case. Mississippi Department of Employment Security Appeal Regulation 10 provides that a default ruling may be entered against the appellant for failing, without good cause, to appear at a hearing and provides for a dismissal of an appeal based upon abandonment. The regulation comports with the authority granted to the Commission to promulgate rules and regulations. MDES predicated its dismissal of Johnson’s claim on this regulation, finding Johnson’s failure to attend the hearing was fatal to his appeal. This was not error.


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