Opinion
C.A. No. 99A-02-006 RSG
Submitted: April 19, 1999
Decided: June 28, 1999 Motion Granted: February 8, 2000
ORDER
Upon review of the record in this case and the Motion to Dismiss the Appeal filed by the State of Delaware Department of Justice on behalf of Unemployment Insurance Appeal Board ("Board") it appears to this Court that:
1) On March 18, 1998, Appellant Michael A. Fraser ("Claimant") was employed in the capacity of a security guard by Spectaguard, Inc., ("Employer"). Following a confrontation with a Zeneca employee, Claimant was discharged. He filed an application with the Department of Labor, Division of Unemployment, under Case No. 127884. On April 17, 1998, pursuant to 19 Del. C. § 3315(2), the Claims Deputy concluded that Claimant was not entitled to receive unemployment compensation because his discharge was found to be substantiated by just cause. Claimant appealed the decision. On April 29, 1998, notice of the hearing was mailed to the parties, scheduling the hearing on May 11, 1998. The sole issue on appeal was whether Claimant was discharged for just cause, and therefore, disqualified from benefits. Claimant failed to appear at the hearing before the Referee, and the appeal was dismissed. On May 14, 1998, Claimant again filed an appeal claiming that he was never notified of the hearing. The Board remanded the case to the Referee, indicating that they accepted Claimant's reason for not appearing before them at the May 11, 1998 hearing.
Claimant's assigned work site was Zeneca.
On May 21, 1998, notice of the hearing was mailed to the parties, scheduling a new hearing to be held on June 8, 1998. Pursuant 19 Del. C. § 3315(1), at the rescheduled hearing, the Referee determined that because Claimant left his work voluntarily, he is not entitled to unemployment compensation. The Referee affirmed the Claims Deputy's decision of April 17, 1998 and slightly modified it.
Modification referred to the change in the statute involved. The Claims Deputy made the decision pursuant to the 19 Del. C. § 3315 (1) and Referee based the affirmation on 19 Del. C. § 3315 (2). Subsection (1) disqualifies the Claimant from receiving benefits because he was fired for just cause, whereas subsection (2) disqualifies the Claimant because he left voluntarily.
On June 16, 1998, the decision was mailed, thereby making the last day to file an appeal on this decision June 26, 1998. On June 29, 1998, Claimant filed a new appeal claiming that he did not leave his work voluntarily, but he was escorted out of the site by his supervisor.
2) On July 14, 1998, notice of hearing was mailed to the parties, scheduling the hearing on July 27, 1998. On July 29, 1998, the Board reversed and modified the June 16, 1998 decision of the Appeals Referee. The Board found that Claimant was qualified and eligible for unemployment benefits; however, the issue remained concerning job offers that Claimant refused in mid-April, 1998 and whether such refusal constitutes grounds for disqualifying Claimant from receiving his benefits. Further, the Board remanded this case to the Claims Deputy for a determination of whether Claimant is eligible or disqualified from benefits for refusing the work offers. The Board's decision became final on July 14, 1998.
3) On October 2, 1998, the Claims Deputy decided, based on 19 Del. C. § 3315(3), which provides that an individual should be disqualified for benefits if he refuses to accept an offer of work for which he is reasonably fitted, that Claimant is disqualified from benefits, effective for the week ending April 18, 1998, an approximate date of when Employer made offers to Claimant. Claimant appealed the decision to the Referee, and a hearing was held in front of the Referee on October 30, 1998.
4) On November 6, 1998, the Referee reversed the decision of the Claims Deputy and held that Claimant did not refuse an offer of valid work for which he was reasonably fitted, and if otherwise qualified and eligible, he is entitled to benefits for that period immediately ensuing from the date of his claim. The last day to file an appeal on this issue was November 16, 1998.
5) On November 12, 1998, Employer mailed a letter to the Board appealing the Board's decision of August 4, 1998 that became final on August 14, 1998 and requesting that the case be re-opened. This request was denied because it was filed three months after the Board's decision became final; therefore, the Board no longer had jurisdiction over this case. The December 15, 1998 decision to dismiss Employer's appeal became final on December 25, 1998.
6) On February 24, 1999, Claimant filed an appeal in this Court, claiming that the Board's decision of December 15, 1998 was an "improper decision".
7) Based upon the foregoing, it appears to this Court that Claimant is appealing a favorable decision. Moreover, Claimant's appeal is time barred by 19 Del. C. § 3318 which requires any aggrieved party to file an appeal within 10 days after the final decision has been issued.
Therefore, the Motion to Dismiss is GRANTED.
IT IS SO ORDERED.