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Nichols v. Stiles, Director

Court of Appeals of Arkansas Division I
May 9, 1984
668 S.W.2d 554 (Ark. Ct. App. 1984)

Opinion

No. E 84-7

Opinion delivered May 9, 1984

1. EMPLOYMENT SECURITY — UNTIMELY FILING OF APPEAL — UNACCEPTABLE DEFENSE. — Appellant's testimony that the reason her appeal to the Appeal Tribunal was not timely filed was due to her concentrated effort to secure employment is not an acceptable defense to untimely filing of an appeal. 2. UNEMPLOYMENT BENEFITS — VOLUNTARILY LEAVING WORK TO ACCOMPANY SPOUSE — BENEFITS DISALLOWED AFTER JULY 1, 1983. — Ark. Stat. Ann. 81-1106(a) was amended by Act 482 of 1983 to disallow benefits to a claimant who voluntarily leaves his or her last work to accompany a spouse to a new place of residence unless he or she has done so prior to July 1, 1983.

Appeal from the Arkansas Employment Security Division; affirmed.

Appellant, pro se.

Alinda Andrews, for appellee.


Appellant, Mary Nichols, appeals a decision of the Board of Review affirming the action of the Appeal Tribunal which affirmed an Agency determination denying benefits and reducing her base period wages pursuant to Ark. Stat. Ann. 81-1106(a) and 81-1104(h) (Supp. 1983). This action was predicated on the basis that appellant's appeal to the Appeal Tribunal was untimely filed pursuant to the authority of Ark. Stat. Ann. 81-1107(d)(2) (Supp. 1983). We affirm.

The record reflects that appellant quit her employment with J.J.'s Truck Stop on July 15, 1983, in order to get married and move with her spouse to New Mexico. The notice of the Agency determination was mailed on September 12, 1983, and appellant filed her appeal on October 17, 1983. A telephone hearing was held on November 9, 1983, before the Appeal Tribunal. Pursuant to Paulino v. Daniels, 269 Ark. 676, 599 S.W.2d 760 (Ark.App. 1980), appellant was afforded this opportunity to establish why the late filing was the result of circumstances beyond her control. Appellant testified that after receiving the Agency determination, she stepped up her search for work. She stated that her appeal was untimely because of this concentrated effort to secure employment. This clearly is not an acceptable defense.

We note that Ark. Stat. Ann. 81-1106(a) was amended by Act 482 of 1983 to disallow benefits to a claimant who voluntarily leaves his or her last work to accompany a spouse to a new place of residence unless he or she has done so prior to July 1, 1983. Thus, it would appear that appellant would have been disqualified under this amended Act because she left her employment on July 15, 1983.

Affirmed.

COOPER and CRACRAFT, JJ., agree.


Summaries of

Nichols v. Stiles, Director

Court of Appeals of Arkansas Division I
May 9, 1984
668 S.W.2d 554 (Ark. Ct. App. 1984)
Case details for

Nichols v. Stiles, Director

Case Details

Full title:Mary NICHOLS v. Dewey STILES, DIRECTOR OF LABOR

Court:Court of Appeals of Arkansas Division I

Date published: May 9, 1984

Citations

668 S.W.2d 554 (Ark. Ct. App. 1984)
668 S.W.2d 554

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