Opinion
C.A. No. K10A-06-001 WLW.
Submitted: August 5, 2011.
Decided: August 10, 2011.
Upon Appeal of a Decision of the Unemployment Insurance Appeal Board.
Affirmed.
Mr. Lemond LeCompte, pro se.
Mr. Bruce W. Georgov, pro se, Independent Disposal.
ORDER
This is an appeal from a decision of the Delaware Unemployment Insurance Appeal Board dismissing an appeal of a claim for benefits. For the reasons set forth below, the decision is affirmed.
FACTS
1. Lemond LeCompte ("Appellant" or "LeCompte") worked for Independent Disposal ("Appellee" or "Employer") as a driver or helper, picking up industrial waste from July 15, 2009 until January 8, 2010. Appellant incurred too many points on his CDL license and failed to notify his Employer of this fact. The Employer decided to terminate LeCompte. Appellant contends that Appellee could have given him a warning instead of discharging him and gotten other employees to cover for him as well. The Employer stated that their insurance company would no longer provide coverage for LeCompte. He was disqualified for benefits since he was discharged for just cause.
PROCEDURAL HISTORY
2. Appellant filed a claim for unemployment insurance benefits. A claims deputy denied the claim on February 1, 2010.
3. The Appellant filed a timely appeal from the claims deputy's decision and a hearing was held before an Appeal Referee on February 18, 2010. The time and date of the hearing was sent to the Appellant's last known address of record. Mr. LeCompte failed to appear at the hearing. The appeal was dismissed and mailed to him at the same address.
4. Appellant filed a timely appeal to the Division of Unemployment Insurance Appeal Board ("UIAB") and the matter was remanded back to the Referee for an evidentiary hearing. Once again, proper notice was given of the time and place for the hearing for April 20, 2010 and the Appellant failed to appear. The Referee again dismissed for failure to prosecute. All of the mailings of the time and place for the hearing were not returned as undeliverable. Once again, Mr. LeCompte filed a timely notice of appeal to the UIAB and then failed to appear for his hearing after notice of the time and place as mailed to him. The Board affirmed the decision of the Referee, finding that the Appellant was discharged for just cause and dismissed the case for failure to prosecute his appeal.
Standard of Review
5. The Court has jurisdiction pursuant to Title 19, Section 3323 of the Delaware Code. In the absence of fraud, the Court defers to the Board's findings of facts. Questions of law are reviewed de novo.
DISCUSSION
5. Appellant has attempted to discuss his failure to appear in a general way by explaining his difficulty in traveling because of an inability to pay for gas and his financial distress. He discussed this as "unforseen circumstances". This is not a sufficient, reasonable reason for failing to appear at three separate proceedings below. Therefore, the decision was proper.
CONCLUSION
For the foregoing reasons, the decision of the UIAB is AFFIRMED.IT IS SO ORDERED.