Murray v. DWS

IN THE UTAH COURT OF APPEALS

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Ronetta Murray,

Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board;
and Mountain View Family Care,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030838-CA
 

F I L E D
(April 29, 2004)
 

2004 UT App 134

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Original Proceeding in this Court

Attorneys:  Ronetta Murray, Mapleton, Petitioner Pro Se

Michael R. Medley, Salt Lake City, for Respondent

Department of Workforce Services

Before Judges Billings, Orme, and Thorne.

PER CURIAM:

Petitioner Ronetta Murray seeks judicial review of the decision of the Workforce Appeals Board (the Board) dismissing for lack of jurisdiction her appeal from the decision of the Administrative Law Judge (ALJ). The ALJ's decision denied Petitioner unemployment compensation. This case is before the court on the Board's motion for summary disposition.

The sole issue before this court is whether Petitioner had good cause for filing a late appeal from the ALJ's decision. See Utah Admin. Code R994-406-308 (providing that the merits of late appeal may be considered where the claimant shows good cause for the delay). Good cause is limited to circumstances where a claimant shows that "the appeal was filed within 10 days of actual receipt of the decision if such receipt was beyond the original appeal period and not the result of willful neglect"; "the delay in filing the appeal was due to circumstances beyond the control of the" claimant; or the claimant delayed filing the appeal for "compelling and reasonable" circumstances. Id.

Petitioner asserts that she filed a late appeal because she was moving and going through a divorce. However, before the Board, Petitioner failed to specify when she was moving and going through a divorce and explain how these events affected her ability to initiate an appeal. Therefore, on this record we cannot say the Board exceeded its discretion by dismissing Petitioner's appeal. See Wood v. Department of Employment Sec., 680 P.2d 38, 39 (Utah 1984) (affirming Board's dismissal of appeal where claimant failed to show good cause for three week delay in sending appeal letter).

Accordingly, we affirm.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Gregory K. Orme, Judge

______________________________

William A. Thorne Jr., Judge