Matthews v. DWS

IN THE UTAH COURT OF APPEALS
 

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Alvin Mike Matthews,
Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030420-CA
 

F I L E D
(August 21, 2003)
 

2003 UT App 288

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Original Proceeding in this Court

Attorneys:
Alvin Mike Matthews, Salt Lake City, Petitioner Pro Se

Lorin R. Blauer, Salt Lake City, for Respondent

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Before Judges Davis, Greenwood, and Thorne.

PER CURIAM:

This case is before the court on its own motion for consideration of summary disposition on the basis that the questions presented are so insubstantial as to not merit further consideration. See Utah R. App. P. 10.(1) Respondent Workforce Services Appeals Board filed a response to this court's motion; Petitioner Alvin Mike Matthews did not.

Matthews was denied unemployment benefits in a decision issued August 30, 2002 by Workforce Services. In the decision, Matthews was notified that an appeal of the decision must be in writing and received no later than September 16, 2002. Matthews did not mail his appeal until January 10, 2003. Matthews argued to the Administrative Law Judge that he was delayed filing his appeal because he had to obtain medical documents that he claims were necessary to his appeal.

The Board adopted the Administrative Law Judge's finding that Matthews could have filed his appeal and then sought the documents. Therefore, Matthews did not have "good cause" for filing an untimely appeal. See Utah Admin. Code R994-406-308. Further, the Board determined that there existed no mistake of fact which would allow them to take jurisdiction of the claim.

This court may grant relief only if, on the basis of the agency's record, it determines that a person seeking judicial review has been substantially prejudiced by "an erroneous interpretation or application of the law," an "abuse of discretion delegated to the agency by statute," or a decision that is "arbitrary or capricious." Utah Code Ann. § 63-46b-16(4)(d), -(h)(I), (iv) (1997). This court will affirm the Board's decision if it is reasonable. See Albertsons, Inc. v. Department of Employment Sec., 854 P.2d 570, 573-74 (Utah Ct. App. 1993).

The Board's determination that Matthews failed to demonstrate good cause for failing to file a timely appeal was reasonable. Therefore, we summarily affirm.

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James Z. Davis, Judge

______________________________

Pamela T. Greenwood, Judge

______________________________

William A. Thorne Jr., Judge

1. Respondent also filed a motion for summary disposition on the same basis. The motion is rendered moot based on this decision.