Adams v. Besche Oil Co.

Full title: Carla R. Adams v. Besche Oil Co. and Unemployment Insurance Appeals Board

Court: Superior Court of Delaware

Date published: Jul 12, 2005

C.A. No. 05A-01-003-ESB (Del. Super. Ct. Jul. 12, 2005)

Opinion

C.A. No. 05A-01-003-ESB.

Submitted: May 17, 2005.

Decided: July 12, 2005.

Carla R. Adams, Laurel, DE.

Steve Michael, Besche Oil Company, Walday, MD.

E. SCOTT BRADLEY, Judge.

Dear Ms. Adams and Mr. Michael:

This is my decision on Carla R. Adams' ("Adams") appeal of the Unemployment Insurance Appeals Board's ("UIAB") dismissal of her appeal of the Appeals Referee's denial of her claim for unemployment benefits. Adams was employed by Besche Oil Company ("Besche") as an assistant manager from May 1, 2003 to September 16, 2004. Adams received four warnings regarding her job performance and was fired after the fourth warning. The Claims Deputy determined that Adams was terminated for just cause and that she was disqualified from receiving unemployment benefits. Adams appealed the Claims Deputy's decision to an Appeals Referee, who affirmed the Claims Deputy's decision. Adams appealed this decision to the UIAB. The UIAB declined to review Adams' appeal because she did not, according to the UIAB, file it in time.

STANDARD OF REVIEW

The Supreme Court and this Court repeatedly have emphasized the limited appellate review of the factual findings of an administrative agency. On appeal from a decision of the UIAB, this Court is limited to a determination of whether there is substantial evidence in the record sufficient to support the Board's findings, and that such findings are free from legal error.¹ Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.² The Board's findings are conclusive and will be affirmed if supported by "competent evidence having probative value."³ The appellate court does not weigh the evidence, determine questions of credibility, or make its own factual findings.⁴ It merely determines if the evidence is legally adequate to support the agency's factual findings.⁵ Absent an error of law, the Board's decision will not be disturbed where there is substantial evidence to support its conclusions.⁶

1 Employment Ins. Appeals Board of the Dept. of Labor v. Duncan, 337 A.2d 308, 309 (Del. 1975); Longobardi v. Unemployment Ins. Appeal Board, 287 A.2d 690, 692 (Del.Super.Ct. 1971), aff'd 293 A.2d 295 (Del. 1972).

2 Oceanport Ind. v. Wilmington Stevedores, 636 A.2d 892, 899 (Del. 1994); Battisa v. Chrysler Corp., 517 A.2d 295, 297 (Del.), app. dism., 515 A.2d 397 (Del. 1986).

3 Geegan v. Unemployment Compensation Commission, 76 A.2d 116, 117 (Del. 1950).

4 Johnson v. Chrysler Corp., 312 A.2d 64, 66 (Del. 1965).

5 29 Del.C. § 10142(d).

6 Dellachiesa v. General Motors Corp., 140 A.2d 137 (Del.Super.Ct. 1958).

DISCUSSION

The Appeals Referee's decision was dated November 19, 2004, and mailed to Adams on the same day. The last day for Adams to file an appeal with the UIAB was November 29, 2004. Adams filed her appeal with the UIAB on December 6, 2004, which was beyond the deadline. Adams has not offered this Court any reason for her untimely appeal. The Appeals Referee's decision contained an enclosed area of text in the middle of the page that described Adams' right to file an appeal. The box quotes 19 Del.C. § 3318 (c), which states that a referee's decision "shall be deemed to be final unless within 10 days after the date of notification or mailing of such decision further appeal is initiated pursuant to Del.C. § 3320 of this title." This time limit is jurisdictional.⁷ Adams' failure to file her appeal within the mandatory time frame not only acted as a waiver by Adams of her right to appeal the Appeals Referee's decision, but it also divested the UIAB of its jurisdiction to hear Adams' appeal.

CONCLUSION

The UIAB's decision is affirmed.

IT IS SO ORDERED.