Miss. Dep't of Employment Sec. v. Good Samaritan Pers. Serv., Inc.
| Docket Number: | 2007-CC-01623-COA Linked Case(s): 2007-CC-01623-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: ISHEE, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - Section 71-5-517 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts, and Carlton, 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: 01-17-2007 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: DECISION OF THE BOARD OF REVIEW REVERSED AND RENDERED Case Number: 251-06-422 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY |
ALBERT B. WHITE |
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| Appellee: | GOOD SAMARITAN PERSONNEL SERVICES, INC. | GOOD SAMARITAN PERSONNEL SERVICES, INC. (PRO SE) |
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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 71-5-517 |
| Summary of the Facts: | Ruby McCoy was awarded benefits by a MDES claims examiner based on her employment and subsequent termination by Good Samaritan Personnel Services, Inc. Approximately seven months later, Good Samaritan appealed the decision to the MDES Board of Review, which affirmed the decision of the claims examiner. The circuit court reversed the decision of the Board of Review, finding that McCoy was an independent contractor and not an employee of Good Samaritan. MDES appeals. |
| Summary of Opinion Analysis: | Section 71-5-517 sets out the applicable appeal period for a claimant or employer who wishes to appeal the initial determination of a MDES claims examiner. The fourteen-day appeal period is to be strictly construed, and unless the notification of the decision is made by means other than mailing to the last known address, the time period to appeal to the Board of Review begins to run on the date that notice was sent to the parties. The record shows that on July 14, 2005, the MDES mailed the letter notifying Good Samaritan of the claims examiner’s decision to grant McCoy benefits. The record also reflects that the letter was mailed to Good Samaritan’s last known address. Therefore, in order for Good Samaritan’s notice of appeal to be timely filed, it should have been filed with the MDES by July 28, 2005. It is undisputed that Good Samaritan did not file its notice of appeal until February 17, 2006, which was seven months after its appeal period had expired. Good Samaritan argues that it failed to timely file an appeal because it did not receive notification of the claims examiner’s decision until February 16, 2006. Good Samaritan presented the testimonies of two employees who alleged that they would have found the letter if it had been sent to Good Samaritan. However, this evidence is insufficient to satisfy the law’s definition of good cause. Good cause is established when there is sufficient evidence to show that a party failed to receive the mailing due to delays in the mail or because of an act beyond the party’s control. Accordingly, the circuit court lacked jurisdiction to reverse the decision of the Board of Review, as the issue was procedurally barred at the administrative level. |
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