Opinion
NO. 2011-CA-002341-MR
01-25-2013
JEREMI SIMON-KINNAMAN APPELLANT v. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION; AND LIFESKILLS, INC. APPELLEES
BRIEFS FOR APPELLANT: Matthew J. Baker Bowling Green, Kentucky BRIEF FOR APPELLEE KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION: Amy F. Howard Frankfort, Kentucky BRIEF FOR APPELLEE LIFESKILLS, INC.: David F. Broderick Bowling Green, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM WARREN CIRCUIT COURT
HONORABLE JOHN R. GRISE, JUDGE
ACTION NO. 11-CI-01160
OPINION
AFFIRMING
BEFORE: CAPERTON, LAMBERT, AND VANMETER, JUDGES. VANMETER, JUDGE: Jeremi Simon-Kinnaman appeals from the Warren Circuit Court order which dismissed his complaint and appeal for lack of jurisdiction. For the following reasons, we affirm.
The facts of this case are undisputed. Simon-Kinnaman sought review in the Warren Circuit Court of a decision by the Kentucky Unemployment Insurance Commission ("Commission") denying his claim for unemployment benefits. Upon the motion of Lifeskills, Inc., Simon-Kinnaman's former employer, the circuit court dismissed the action on jurisdictional grounds because Simon-Kinnaman failed to verify his complaint as required by KRS 341.450(1). In his appeal to this court, Simon-Kinnaman argues that his attorney's signature on the complaint sufficiently complies with the statutory mandate and that his complaint should be reinstated as a matter of right under CR 15.01, or he should be granted leave to amend his complaint under that rule. He further asserts that corrections of technical defects such as verification are allowed under CR 11. We disagree.
Kentucky Revised Statutes.
Kentucky Rules of Civil Procedure.
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KRS 341.450(1) permits judicial review of a decision of the Commission providing, among other things, that the complaint is verified by the plaintiff or his attorney. When an aggrieved party is permitted by statute to appeal an administrative agency decision, "the requirements of the statute are mandatory, and a circuit court does not obtain jurisdiction to hear the appeal unless the statutory requirements have been met." Cabinet for Human Res. v. Holbrook, 672 S.W.2d 672, 675 (Ky. App. 1984) (citations omitted). Kentucky courts have long held that statutes providing for judicial review of administrative agency decisions are to be strictly observed. See Kentucky Unemployment Comm'n v. Carter, 689 S.W.2d 360 (Ky. 1985); Board of Adjustment of the City of Richmond v. Flood, 581 S.W.2d 1 (Ky. 1979); Fisher v. Kentucky Unemployment Ins. Comm'n, 880 S.W.2d 891, 892 (Ky. App. 1994); Monyhan v. Kentucky Unemployment Ins. Comm'n, 709 S.W.2d 837 (Ky. App. 1986); Frisby v. Board of Educ. of Boyle County, 707 S.W.2d 359 (Ky. App. 1986); Holbrook, 672 S.W.2d 672; Pickhart v. United States Post Office, 664 S.W.2d 939 (Ky. App. 1983); Roberts v. Watts, 258 S.W.2d 513 (Ky. 1953). Further, "[t]he civil rules which would normally permit amendment do not apply to appeals of administrative decisions until after the appeal has been perfected and jurisdiction has attached." Holbrook, 672 S.W.2d at 675 (citing Pollitt v. Kentucky Unemployment Ins. Comm'n, 635 S.W.2d 485 (Ky. App. 1982)).
Here, Simon-Kinnaman failed to verify his complaint filed with the Warren Circuit Court; thus, the appeal was not perfected. We find Simon-Kinnaman's reliance on Shamrock Coal Co. v. Taylor, 697 S.W.2d 952 (Ky. App. 1985), in support of his argument of sufficient compliance unavailing. In Shamrock Coal, this court found that the plaintiff's "clear attempt at verification" constituted sufficient compliance with KRS 341.450(1); specifically, the court found that the plaintiff verified his petition by signing it, though not under oath, and the failure to strictly comply with the statute "was no more than a technical defect." Id. at 953. Simon-Kinnaman did not sign or attempt to verify his complaint. As such, we find Shamrock Coal distinguishable from this case. We further note that the Kentucky Supreme Court in Carter, 689 S.W.2d at 361, also interpreting KRS 341.450(1), disallowed substantial compliance when the appeal process is statutorily created and implemented.
Since the civil rules do not apply to appeals from decisions of administrative agencies until the appeal is perfected, the amendment provision of CR 15.01 and correction of technical defect concept of CR 11 are not viable avenues of relief for Simon-Kinnaman. On this ground alone, the circuit court properly dismissed the appeal for lack of jurisdiction.
The order of the Warren Circuit Court is affirmed.
ALL CONCUR. BRIEFS FOR APPELLANT: Matthew J. Baker
Bowling Green, Kentucky
BRIEF FOR APPELLEE
KENTUCKY UNEMPLOYMENT
INSURANCE COMMISSION:
Amy F. Howard
Frankfort, Kentucky
BRIEF FOR APPELLEE
LIFESKILLS, INC.:
David F. Broderick
Bowling Green, Kentucky