Summary
In King, this court held, at page 188, that such notation constituted "no evidence to show when the decision was, in fact, mailed * * *."
Summary of this case from Proctor v. GilesOpinion
No. 73-639
Decided December 26, 1973.
Unemployment compensation — Appeal — From administrator to Board of Review — Time for filing — Administrator's decision on reconsideration — Evidence of mailing date lacking — Effect.
CERTIFIED by the Court of Appeals for Lucas County.
Isaac W. King, appellant, filed an application for unemployment compensation with the Administrator of the Bureau of Employment Services. Compensation was disallowed by the administrator and such decision was affirmed upon reconsideration.
Appellant then filed a notice of appeal with the Board of Review, which rejected the appeal for the reason that it was not timely filed as required by R.C. 4141.28(H).
The Court of Common Pleas of Lucas County affirmed the decision of the Board of Review. The Court of Appeals affirmed the judgment of the Court of Common Pleas, and, finding its judgment to be in conflict with the judgment of the Court of Appeals for Cuyahoga County in Granakis v. State (No. 28712, March 5, 1968), certified the case to this court as a conflict case.
Mr. James M. Klein and Mr. Frederick H. McDonald, for appellant.
Mr. William J. Brown, attorney general, Mr. Michael De Angelo, Mr. James E. Uprichard, Jr., Mr. John F. Livorno, and Mr. Michael D. Dorf, for appellees.
Appellees contend that the filing was not timely because it was not filed within ten days after the administrator's decision on reconsideration was mailed to appellant. However, an examination of the record discloses no evidence to show when the decision was, in fact, mailed, nor did the employer attempt to assert a date of mailing before the Board of Review.
The judgment of the Court of Appeals is reversed.
Judgment reversed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.