Thomes v. Miss. Dep't of Employment Sec.
| Docket Number: | 2010-CC-01018-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-26-2011 Opinion Author: Griffis, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - Section 71-5-517 Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, 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: 05-28-2010 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: Decision of Board of Review Affirmed Case Number: 2010-0009-CV1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | John Earl Thomas |
PRO SE |
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| Appellee: | Mississippi Employment Security Commission | ALBERT B. WHITE | ||
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: | John Thomas was fired from his job at Bigbee Transportation, Inc. He filed a claim for unemployment benefits. A Mississippi Department of Employment Security claims examiner found that Thomas had been fired for misconduct connected with his work, which made him ineligible for benefits. On January 27, 2009, MDES mailed Thomas a “Notice of Nonmonetary Determination Decision” that informed him that his claim had been denied and that he had fourteen days from the date the notice was mailed to file an appeal with MDES. Thomas filed an appeal on October 19, 2009, which was past the deadline. An Administrative Law Judge found that Thomas failed to show good cause for the late appeal; therefore, the prior decision to deny benefits became final. Thomas appealed to the MDES Board of Review, which affirmed the ALJ’s findings. Thomas then appealed to circuit court which affirmed. Thomas appeals. |
| Summary of Opinion Analysis: | Thomas concedes that he received the notice. He did not file his appeal until approximately nine months after the notice was mailed. Therefore, his appeal was untimely filed under section 71-5-517. He offered no explanation for his late appeal that could be reasonably viewed as good cause. |
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