Miss. Employment Sec. Comm'n. v. Marion County Sheriff's Dep't.
| Docket Number: | 2002-CC-01246-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-12-2004 Opinion Author: Graves, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - Good cause - Section 71-5-519 Judge(s) Concurring: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 06-25-2002 Appealed from: Marion County Circuit Court Judge: R. I. Prichard, III Disposition: Reversed a decision of the MESC awarding benefits to Britton Mosley, Sr. Case Number: 2002-0026 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Employment Security Commission |
B. RAY THERRELL, II |
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| Appellee: | Marion County Sheriff's Department and Sheriff Richard "Rip" Stringer | LAWRENCE ELDER HAHN |
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| Topic: | Unemployment benefits - Timeliness of appeal - Good cause - Section 71-5-519 |
| Summary of the Facts: | While working as a correctional officer at the Marion-Walthall Correctional Facility, Britton Mosley, Sr. was discharged for absenteeism without proper notification to his employer. Mosley filed a claim for unemployment compensation benefits with the Mississippi Employment Security Commission. A MESC claims examiner denied benefits, and Mosley appealed to the appeals referee. The employer claims that it never received notification from the MESC regarding the hearing. Because Mosley was the only person in attendance at the hearing, the Appeals Referee found that the employer had not met its burden of proof and reversed the decision. The circuit court reversed the decision, finding that the employer had been denied a fair hearing. Mosley appeals. |
| Summary of Opinion Analysis: | Mosley argues that the employer failed to timely file an appeal to the Board of Review pursuant to section 71-5-519. A party may appeal the decision of an appeals referee within fourteen days. Where notice of the referee’s decision is sent by mail, the fourteen-day time period begins to run on the date that notice is mailed. The employer admits that it received notice of the appeal referee’s decision which was mailed on December 14, 2001, to the employer. The deadline for the employer to file an appeal was December 28, 2001. The Board of Review did not receive the employer’s appeal until December 31, 2001, three days after the statutory period expired. The fourteen-day time period may be relaxed or extended if there is a showing of good cause that the mailing to the last known address was not reasonably calculated, under all circumstances, to apprise the party of the decision. Mere denial that the notice was received, without supporting evidence, fails to constitute good cause for failing to timely appeal. Here, the employer failed to show good cause for its failure to timely appeal. Because the circuit court should have addressed this appeal strictly on the undisputed fact that the employer’s appeal was untimely, it erred by substituting its opinion for that of the Board of Review. |
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