JESSICA L. WALKER v. BOARD OF REVIEW, and TELESEARCH SOLUTIONS, INC

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5801-09T3

JESSICA L. WALKER,

Appellant,

v.

BOARD OF REVIEW, and TELESEARCH

SOLUTIONS, INC.,

Respondents.

__________________________________

May 2, 2011

Submitted April 13, 2011 - Decided

Before Judges Sapp-Peterson and Simonelli.

Onappeal fromthe Board of Review, New Jersey Department of Labor, Docket No. 246,508.

Jessica L. Walker, appellant pro se.

Paula T. Dow, Attorney General, attorney for respondent Board of Review (Lisa N. Lackay, Deputy Attorney General, on the brief).

Respondent Telesearch Solutions, Inc. has not filed a brief.

PER CURIAM

Appellant Jessica Walker appeals from the May 18, 2010 final decision of respondent Board of Review (Board) dismissing her appeal of the November 9, 2009 decision of the Appeal Tribunal, which found her disqualified for benefits pursuant to N.J.S.A. 43:21-5(a). The Board dismissed the appeal because it was untimely filed pursuant to N.J.S.A. 43:21-6(c) and appellant did not show good cause for the late filing. We affirm.

Appellant filed for unemployment benefits on July 12, 2009. On August 3, 2009, the Deputy held her qualified for benefits, without disqualification, from July 12, 2009. The employer appealed on August 13, 2009, contending appellant left her employment voluntarily without good cause attributable to the work.

On November 9, 2009, the Appeal Tribunal reversed the deputy's determination and held appellant disqualified for benefits pursuant to N.J.S.A. 43:21-5(a), as of June 21, 2009, finding she left her employment voluntarily without good cause attributable to the work. The Appeal Tribunal's decision was mailed to claimant on November 9, 2009. The decision notified appellant that the decision will become final unless she filed a written appeal with the Board within ten days of mailing.

Appellant was required to file her appeal with the Board by November 19, 2009. She did not do so until November 24, 2009. On May 18, 2010, the Board dismissed the appeal pursuant to N.J.S.A. 43:21-6(c), finding it was untimely filed and appellant failed to show good cause for filing a late appeal. This appeal followed.

The Appeal Tribunal's decision "shall be deemed to be the final decision of the [Board], unless within 10 days after the date of notification or mailing of such decision, further appeal is initiated" with the Board. N.J.S.A. 43:21-6(c). Late filing can be excused only upon a showing of good cause, which is defined as circumstances that are either beyond the control of the claimant or "could not have been reasonably foreseen or prevented." N.J.A.C. 12:20-4.1(h).

Appellant failed to timely file her appeal and did not show good cause for the late filing. Therefore, the Board properly dismissed her appeal.