Billy J. Cates v. Director, Employment Security Department

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

ANDREE LAYTON ROAF, JUDGE

DIVISION IV

BILLY J. CATES,

APPELLANT

V.

DIRECTOR, EMPLOYMENT SECURITY DEPARTMENT

APPELLEE

E 00-62

SEPTEMBER 27, 2000

APPEAL FROM THE BOARD OF REVIEW

2000-BR-00139

AFFIRMED IN PART, REMANDED IN PART

The Board of Review affirmed the denial of unemployment benefits to the appellant, Billy J. Cates, for the week ending November 27, 1999, on the basis that his claim was untimely filed, and that Cates had not shown that the late filing was due to circumstances beyond his control. We affirm the Board's decision as to the week ending November 27, 1999, but remand to the Board to clarify whether the denial also pertains to Cates' additional claims for the weeks ending December 12 and December 18, 1999.

Billy J. Cates was laid off by Whirlpool during Thanksgiving week of 1999 and again on December 7, 1999. He initially applied for unemployment benefits during Thanksgiving week, but did not file again until December 14, 1999, when he apparently filed for the November week and the two subsequent weeks in December, and either requested or was advised by the agency torequest backdating of his applications. The record before us includes two Notice of Agency Determination form letters denying benefits for the backdated claims for Thanksgiving week and for "Total unemployment" filed on December 14, 1999, both bearing the same mailing date and initial claim number. Cates testified before the Appeal Tribunal about his claims for both November and December, and stated that Thanksgiving week would have been his "waiting week." However, neither the Appeal Tribunal's nor the Board of Review's decision makes reference to denial for the two weeks of benefits claimed for December.

Because we do not have sufficient facts before us to determine if the December claims were also a subject of this proceeding, or if the Board has in effect also affirmed the denial of these benefits, we remand to the Board to make specific findings of fact as to these additional claims and denial. See Ferren v. Director, 59 Ark. App. 213, 956 S.W.2d 198 (1997).

Affirmed in part, remanded in part.

Bird and Koonce, JJ., agree.