Opinion
No. 38460
Decided November 4, 1964.
Unemployment compensation — Claim for compensation denied — Application for further appeal before Board of Review disallowed — Right to appeal to Common Pleas Court — Section 4141.28, Revised Code.
APPEAL from the Court of Appeals for Allen County.
The appellant, Smith, filed an application for unemployment compensation with the Administrator of the Bureau of Unemployment Compensation. The administrator initially disallowed the claim but on reconsideration allowed it.
An appeal from the administrator's decision on reconsideration was heard before a referee of the Board of Review. The referee reversed the decision of the administrator and denied compensation to the claimant.
An application was then filed to institute a further appeal before the Board of Review, pursuant to the provisions of Section 4141.28, Revised Code. The board, "after examination of the entire record," disallowed the application for further appeal.
An appeal to the Common Pleas Court by the claimant from the decision of the Board of Review disallowing the application for further appeal resulted in an affirmance of the decision of the board.
An appeal on questions of law was taken to the Court of Appeals from the judgment of the Common Pleas Court. The Court of Appeals found that neither the order of the Board of Review disallowing the application to institute a further appeal from the referee's decision nor the referee's decision constituted a decision of the Board of Review, that neither was appealable to the Common Pleas Court, and that the court erred in assuming appellate jurisdiction. The judgment of the Common Pleas Court was ordered vacated, and the appeal therefrom was dismissed.
The cause is now before this court on the allowance of a motion to certify the record.
Messrs. Navarre, Rizor, DaPore Pettit, Messrs. Clayman Sigall and Mr. David Clayman, for appellant.
Mr. William B. Saxbe, attorney general, Mr. Bernard L. Heffernan and Mr. H.C. Dutro, Jr., for appellees.
The question presented is whether there is a right to an appeal to the Court of Common Pleas from an action of the Board of Review in disallowing an application to institute a further appeal from the referee's decision.
Section 4141.28, Revised Code, provides that "when the board disallows an application to institute a further appeal, or renders its decision affirming, modifying, or reversing the decision of the referee, all interested parties shall be notified of such decision or order by mail addressed to the last known post-office address of such parties. * * * any interested party may, within thirty days after notice of the decision of the board was mailed to the last known post-office address of all interested parties, appeal from the decision of the board to the Court of Common Pleas * * *. Any application for reconsideration, any appeal from a decision on reconsideration of the determination of the administrator, application to institute a further appeal, and any notice of intention to appeal the decision or order of the board to the Court of Common Pleas may be executed in behalf of any party * * * by an agent." (Emphasis added.)
It is clear from the above-quoted provisions of the statute that the General Assembly in amending Section 4141.28, Revised Code, intended the word, "decision," to include "order." The action of the Board of Review disallowing the application to institute a further appeal from the referee's decision was appealable to the Court of Common Pleas.
The judgment of the Court of Appeals is reversed, and that of the Court of Common Pleas is affirmed.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.