Webb v. Wilmington Trust Co.

Full title: ALONZO W. WEBB, Appellant, v. WILMINGTON TRUST CO., and UNEMPLOYMENT…

Court: Superior Court of Delaware, for New Castle County

Date published: Jul 30, 2004

C.A. No. 03A-09-002-JEB (Del. Super. Ct. Jul. 30, 2004)

Opinion

C.A. No. 03A-09-002-JEB.

Submitted: May 5, 2004.

Decided: July 30, 2004.

Appeal from a Decision of the Unemployment Insurance Appeal Board. Affirmed.

Alonzo W. Webb, Pro Se, Newark, Delaware.

Michael P. Stafford, Esquire, Wilmington, Delaware. Attorney for Wilmington Trust Company.

Mary Page Bailey, Esquire, Wilmington, Delaware, Attorney for Unemployment Insurance Appeal Board.

OPINION

John E. Babiarz, Jr., Judge.

This is the Court's decision regarding Claimant Alonzo Webb's appeal from a decision of the Unemployment Insurance Appeal Board ("Board"). For the reasons explained below, the Board's decision is affirmed.

FACTS

Claimant was terminated from his position with Employer Wilmington Trust for allegedly violating a rule regarding the acceptance of cash for security transactions. Claimant sought unemployment benefits but his petition was denied by both a claims deputy and an appeals referee. Claimant's appeal to the Board was denied because it was filed after the referee's decision became final. Claimant appealed the denial to this Court.

STANDARD OF REVIEW

In reviewing a decision of the Board, the Court's role is to determine whether the Board's findings are supported by substantial evidence and are free from legal error.¹ Substantial evidence is evidence that a reasonable person might accept as adequate to support a conclusion.² The Court merely determines if the evidence is legally adequate to support the Board's findings.³

1 Ridings v. Unemployment Ins. Appeal Bd., 407 A.2d 238, 239 (Del.Super.Ct. 1979).

2 Breeding v. Contractors-One-Inc., 549 A.2d 1102, 1104 (Del. 1998).

3 DEL. CODE ANN. tit. 29 Del. C. § 10142(d) (2003).

DISCUSSION

The Referee's decision was sent to Claimant's address of record and provided instructions on appeal procedures. The decision states on its face that the "last day to file an appeal [is] 07-07-2003."⁴ The record is clear that Claimant filed his appeal on July 8, 2003. The law is equally clear. A referee's decision "shall be deemed to be final unless within 10 days after the date of notification or mailing of such decision further appeal is initiated pursuant to § 3320 of this title."⁵ The Board found the appeal to be late and also found that Claimant offered no reason for the Board to exercise its statutory discretion to hear late appeals.⁶ Both these findings are supported by substantial evidence and reflect no abuse of discretion.

CONCLUSION

For the reasons stated above, the Board's denial of Claimant's petition for review is Affirmed. It Is So ORDERED.