Miller v. Unemployment Insurance Appeal Board.
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SUPERIOR COURT OF THE STATE OF DELAW ARE E. SCOTT BRADLEY SUSSEX CO UNT Y COU RTHO USE JUDGE 1 The Circle, Suite 2 GEORGETOWN, DE 19947 June 18, 2010 Howard Miller 35750 Henny Penny Drive Pittsville, MD 21850 RE: Howard Miller v. Unemployment Insurance Appeal Board C.A. No. S09A-10-001-ESB Letter Opinion Date Submitted: June 1, 2010 Dear Mr. Miller: This is my decision on your appeal of the Unemployment Insurance Appeal Board s denial of your claim for unemployment benefits. You re-opened your claim for unemployment benefits on July 5, 2009. The Chief Appeals Referee denied your claim, reasoning that you were not entitled to unemployment benefits because you were selfemployed. He mailed the written decision to you on August 14, 2009. You had 10 days after the mailing of the decision to file your appeal of it with the Board.1 Thus, the last possible day for you to file your appeal with the Board was August 24, 2009. You filed your appeal with the Board on August 25, 2009. The Board decided not to hear your appeal because it was untimely. 1 19 Del.C. § 3318 (c). STANDARD OF REVIEW The Supreme Court and this Court repeatedly have emphasized the limited appellate review of the factual findings of an administrative agency. On appeal from a decision of the Board, this Court is limited to a determination of whether there is substantial evidence in the record sufficient to support the Board s findings, and that such findings are free from legal error.2 Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.3 The Board s findings are conclusive and will be affirmed if supported by competent evidence having probative value. 4 The appellate court does not weigh the evidence, determine questions of credibility, or make its own factual findings. 5 It merely determines if the evidence is legally adequate to support the Board's factual findings.6 Absent an error of law, the Board's decision will not be disturbed where there is substantial evidence to support its conclusions.7 2 Employment Ins. Appeals Board of the Dept. of Labor v. Duncan, 337 A.2d 308, 309 (Del. 1975); Longobardi v. Unemployment Ins. Appeal Board, 287 A.2d 690, 692 (Del. Super. 1971), aff d 293 A.2d 295 (Del. 1972). 3 Oceanport Ind. v. Wilmington Stevedores, Inc., 636 A.2d 892, 899 (Del. 1994); Battista v. Chrysler Corp., 517 A.2d 295, 297 (Del. Super. 1986), app. dism., 515 A.2d 397 (Del. 1986). 4 Geegan v. Unemployment Compensation Commission, 76 A.2d 116, 117 (Del. Super. 5 Johnson v. Chrysler Corp., 213 A.2d 64, 66 (Del. 1965). 6 29 Del.C. § 10142(d). 7 Dallachiesa v. General Motors Corp., 140 A.2d 137 (Del. Super. 1958). 1950). 2 DISCUSSION You did not in your appeal to this Court raise any arguments challenging the Board s finding that your appeal to it was untimely. The Appeals Referee sent his written decision to you on August 14, 2009. He mailed it to you at the address you provided to the Department of Labor. A letter that is correctly addressed and stamped is presumed to be received by the addressee.8 You had 10 days to file your appeal with the Board.9 The 10day time period for filing an appeal is jurisdictional. 19 Del.C. § 3318(c) states that the 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. The Board does have the authority under 19 Del.C. § 3320 to act sua sponte beyond the ten-day appeal period to consider a case where no valid appeal had been filed by the parties. 10 However, the Board may do this only in those cases where there has been some administrative error on the part of the Department of Labor which deprived the claimant of the opportunity to file a timely appeal, or in those cases were the interests of justice would not be served by inaction. 11 The Board did not find that such circumstances existed and you have not argued that such circumstances existed. Thus, the last day for you to file your appeal with the Board was August 24, 2009. You filed your appeal with the Board on August 25, 2009. Your appeal was filed one day late. Therefore, the Board s 8 Lively v. Dover Wipes, 2003 WL 21213415 (Del. Super. May 16, 2003). 9 19 Del.C. § 3318(c). 10 Funk v. Unemployment Insurance Appeal Board, 591 A.2d 222, 225 (Del. 1991). 11 Id. 3 decision not to hear your appeal because it was untimely is in accordance with the applicable law and supported by substantial evidence in the record. CONCLUSION The Unemployment Insurance Appeal Board s decision is affirmed. IT IS SO ORDERED. Very truly yours, E. Scott Bradley oc: cc: Prothonotary s Office Philip G. Johnson, Esquire Diane M. Bourne 4 Philip G. Johnson, Esquire Delaware Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 Diane M. Bourne Delaware Department of Labor Unemployment Insurance Appeal Board P.O. Box 9950 Wilmington, DE 19809 5
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