Opinion
C.A. No. SK09A-08-003 WLW.
Submitted: May 25, 2011.
Decided: August 9, 2011.
Upon Appeal of a Decision of the Unemployment Insurance Appeal Board. Affirmed.
William Lloyd, pro se.
Philip G. Johnson, Esquire, Department of Justice, Wilmington, Delaware; attorneys for the Unemployment Insurance Appeal Board.
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 reason set forth below, the decision is affirmed.
FACTS
William Lloyd worked for Aramark in their food service business at Wesley College in Dover, Delaware from 2001 until 2009. He received awards and commendations throughout his employment. However, the employer's records indicate that Lloyd missed scheduled shifts in February of 2009, and he did not call out sick until after the shifts were finished. The employer decided to terminate Lloyd. It considered the "no show/no call" incidents to be part of an increasing pattern of absences and tardiness, which are demonstrated by time sheets in the record. In his brief on appeal, Lloyd explains that his absences were due to his recurring sickness from shingles. He further argues that the employer's time-sheets are not accurate, and that some of his attendance problems were unavoidable because public transit buses are unreliable.
PROCEDURAL HISTORY
Appellant filed a claim for unemployment insurance benefits. A claims agent denied the claim on May 7, 2009. The decision was mailed to Appellant's address of record; it indicated that May 17, 2009 was the final day for filing an appeal with a claims referee. Appellant filed his appeal to a claims referee on May 21, 2009. A hearing regarding the timeliness of the appeal was held on June 16, 2009 before a Division of Unemployment Insurance appeals referee. At the hearing, Appellant explained that he did not receive notice of the decision or his right to appeal until May 17, 2009-because he had not gone to check his mail at the post office until that time. He said that he had not checked the mail sooner because he did not have transportation to the post office. The appeal was dismissed as untimely, and the Unemployment Insurance Appeal Board affirmed that decision. Appellant filed an appeal with Superior Court.
Standard of Review
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
Under Chapter 19, Section 3318(b) of the Delaware Code, the decision of a claims deputy becomes final unless it is appealed within ten days of the date on which it is mailed to the parties. Here, the decision denying benefits was mailed to Appellant on May 7, 2009, which means he was required to file any appeal no later than May 17, 2009. Appellant missed that deadline by waiting to file his appeal until May 21, 2009. The fact that Appellant did not check his mail in a timely manner does not excuse his failure to file an appeal before the statutory deadline. Therefore, his appeal was untimely, and the decision denying his claim is final.
CONCLUSION
For the foregoing reason, the decision is AFFIRMED.IT IS SO ORDERED.