Weeden v. Miss. Dep't of Employment Security
| Docket Number: | 2010-CC-00729-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-21-2011 Opinion Author: Barnes, 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., Myers, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. 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: 04-12-2010 Appealed from: Tunica County Circuit Court Judge: Al Smith Disposition: AFFIRMED BOARD OF REVIEW’S DISMISSAL OF APPEAL AS UNTIMELY Case Number: 2010-0040 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Karl Weeden |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | ALBERT B. WHITE, LEANNE FRANKLIN BRADY | ||
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| Topic: | Unemployment benefits - Timeliness of appeal - Section 71-5-519 |
| Summary of the Facts: | Karl Weeden was discharged from his employment with Tunica County. He sought unemployment benefits, which were denied by a claims examiner due to Weeden’s misconduct during his employment. Weeden appealed, and an Administrative Law Judge affirmed the decision of the claims examiner. Weeden then filed an appeal to the Mississippi Department of Employment Security Board of Review, which dismissed the appeal as untimely. He appeals. |
| Summary of Opinion Analysis: | Weeden argues that he committed no misconduct during his employment with Tunica County and that the ALJ’s findings of fact were incorrect. His appeal, however, is from the Board of Review’s dismissal of his appeal. The Board of Review found that Weeden’s appeal was untimely. Section 71-5-519 provides that, unless an appeal is filed within fourteen days of a decision by the MDES, the decision becomes final. Absent a claim that notification was not sent to the claimant’s correct address, the time limit to file an appeal begins on the date that notification is mailed. The record shows that the ALJ issued his decision on March 5, 2009. The decision included notice that the ALJ’s decision would become final on March 19, 2009, and that Weeden must file any appeal by that date. The record further reflects that Weeden filed his appeal to the Board of Review on October 12, 2009. There is no indication of fraud or error on the part of the Board of Review. At no time has Weeden alleged any cause preventing him from filing his appeal within the fourteen-day time limit. As a result, the Board of Review’s decision is based on substantial evidence. |
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