RUBEN VEGA v. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION AND KELVIN CORPORATION, D/B/A KELVIN COOPERAGE
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RENDERED: JULY 30, 2004; 2:00 p.m.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky
Court of Appeals
NO.
2003-CA-001852-MR
RUBEN VEGA
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE THOMAS B. WINE, JUDGE
ACTION NO. 02-CI-006782
v.
KENTUCKY UNEMPLOYMENT INSURANCE
COMMISSION AND KELVIN CORPORATION,
D/B/A KELVIN COOPERAGE
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BARBER, KNOPF, AND TACKETT, JUDGES.
TACKETT, JUDGE:
Ruben Vega appeals from the decision of the
Jefferson Circuit Court affirming the order entered by the
Kentucky Unemployment Insurance Commission (“Commission”).
The
Commission affirmed the Kentucky Division of Unemployment
Insurance (“Division”) Referee’s decision finding that Vega was
ineligible to receive benefits from November 5, 2000, through
February 3, 2001, because he failed to properly report and claim
benefits during those time periods as required by the Kentucky
Administrative Regulations (KAR).
We conclude that the evidence
does not compel a finding in favor of the appellant and,
therefore, we are required to affirm the Board’s decision.
On October 10, 2000, Vega was discharged from his
employment with Kelvin Cooperage.
He filed for unemployment
benefits on October 13, 2000 and made a timely claim for
continued benefits through the week ending November 4, 2000.
On
November 3, 2000, the Division mailed Vega a Notice of
Determination that informed him that his initial claim for
unemployment benefits had been denied; the letter also notified
Vega that he was required to continue to claim benefits during
the appeal of his initial claim.
Vega was deemed eligible to
receive benefits in a Referee decision issued on March 19, 2001.
The decision was reversed on a procedural issue, but on June 26,
2001, another Referee decision awarded Vega benefits.
On
September 26, 2001, the Commission affirmed this decision.
Vega
then received two checks totaling approximately $700.00 for the
periods he was deemed eligible to receive benefits.
Two days following the March 19, 2001, Referee
decision in his favor, Vega filed for the unemployment benefits
for the 13-week period commencing on November 5, 2000, and
ending on February 3, 2001.
He was denied benefits in a
determination dated November 16, 2001, because he failed to meet
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the requirements set forth by 787 KAR 1:090 for timely filing of
his continued claim benefits.
This determination was affirmed
by Referee decision after a hearing on January 4, 2002.
On
August 21, 2002, the Commission affirmed the Referee’s decision.
On appeal, the Jefferson Circuit Court held that the opinion of
the Commission was supported by substantial evidence of
probative value and affirmed the denial of benefits to Vega.
This appeal followed.
Vega argues that the Circuit Court erred in finding that
the Referee correctly applied the regulations to his claim.
He
further claims that the Referee misinterpreted the evidence and
incorrectly applied the facts to the law in deciding to deny him
unemployment benefits.
Judicial review of a denial by the
Division Referee is controlled by the substantial evidence
standard of review applicable to administrative actions.
An
excellent summary of this general rule is laid out in Kentucky
Unemployment Insurance Commission v. Landmark Community
Newspapers of Kentucky, Inc., which states as follows:
“If the findings of fact are supported
by substantial evidence of probative value,
then they must be accepted as binding and it
must then be determined whether or not the
administrative agency has applied the
correct rule of law to the facts so found.”
Southern Bell Tel. & Tel. Co. v. Kentucky
Unemployment Ins. Comm'n, Ky., 437 S.W.2d
775, 778 (1969). The administrative agency's
findings will be upheld even though there
exists evidence to the contrary in the
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record. Kentucky Comm'n on Human Rights v.
Fraser, Ky., 625 S.W.2d 852, 856 (1981).
Substantial evidence is defined as "evidence
of substance and relative consequence having
the fitness to induce conviction in the
minds of reasonable [persons]." OwensCorning Fiberglas Corp. v. Golightly, Ky.,
976 S.W.2d 409, 414, 45:7 Ky. L. Summary 14
(1998). We must also determine whether the
decision of the administrative agency was
arbitrary or clearly erroneous, which is
defined as "unsupported by substantial
evidence." Danville-Boyle County Planning
and Zoning Comm'n v. Prall, Ky., 840 S.W.2d
205, 208 (1992). "If there is any
substantial evidence to support the action
of the administrative agency, it cannot be
found to be arbitrary and will be
sustained." Taylor v. Coblin, Ky., 461
S.W.2d 78, 80 (1970).
Ky. Unemployment Ins. Comm'n v. Landmark Cmty. Newspapers of
Ky., 91 S.W.3d 575, 578-579 (Ky., 2002).
Vega contends that the
evidence does not support the Referee’s finding that he was
ineligible for benefits.
We disagree.
In order to be eligible for unemployment benefits,
Kentucky Revised Statute (KRS) 341.350(1) requires an unemployed
worker to make a claim for benefits.
Vega appeared at two
Referee hearings on four separate occasions.
These hearings
were conducted at his local unemployment office and focused
solely on the facts regarding Vega’s initial eligibility for
benefits.
The hearings did not concern Vega’s continuing
eligibility for benefits and he made no representations
concerning his continuing eligibility.
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KRS 341.350(8) requires
strict construction of the prerequisite that a claimant actually
make a claim for benefits.
We are unable to say that Vega has
offered evidence that compels a finding in his favor and,
therefore, we are required to uphold the determinations made by
the Referee, the Commission, and the Jefferson Circuit Court.
Vega further argues that the Circuit Court erroneously
affirmed the Referee’s finding that he filed his claim for
benefits for the period of November 5, 2000, through February 3,
2001.
He further claims that he has shown good cause for
failing to file his claim at an earlier date and thus his claim
should be backdated pursuant to 787 KAR 1:090 Section 3.
Vega
is primarily Spanish-speaking; however, the Referee concluded
that his language barrier was not good cause for allowing Vega
to file his claim late.
Vega competently filed a claim for
initial benefits as well as for continuing benefits through
November 4, 2000. We believe the Referee’s finding regarding
good cause was not erroneous; therefore, we are bound to uphold
the circuit court’s finding that the claimant remain ineligible
to receive benefits.
For the foregoing reasons, the judgment of the
Jefferson Circuit Court is affirmed.
BARBER, JUDGE, CONCURS.
KNOPF, JUDGE, CONCURS AND FILES SEPARATE OPINION IN
WHICH BARBER ALSO JOINS.
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KNOPF, JUDGE, CONCURRING:
I concur in the reasoning
and result of the majority opinion, but I write separate because
I question the Unemployment Insurance Commission’s interpretation
of the statutory and regulatory scheme.
As noted by the
majority, 341.350(1) requires that a worker will be eligible for
benefits with respect to any week of unemployment only if he has
made a claim for benefits.
Furthermore, 787 KAR 1:090 § 3
provides that a worker who has filed his initial claim for
benefits must file claims for continued claims for benefits on a
weekly or bi-weekly basis.
Failure to file continued claims will
bar an applicant from receiving benefits unless he or she proves
good cause for failing to do so.
The Commission has interpreted this regulation to mean
that all applicants must establish their eligibility for benefits
on a continuing basis, even if his application has been denied
and an appeal from the denial is pending.
Thus, in the
Commission’s view, even though Vega prevailed on appeal, he is
barred from receiving benefits because he failed to file claims
for each period during the interim.
But while this
interpretation is not entirely implausible, the statutes and
regulations cited by the Commission do not clearly impose such a
requirement.
Furthermore, the Commission’s interpretation
requires a worker to file futile claims for continued benefits
which have already been denied, while at the same time pursuing a
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separate appeal from that denial.
This rule seems designed to
confuse applicants and impede otherwise valid applications for
unemployment benefits.
Finally, given the prior two points,
there is a reasonable argument that a prior denial of
unemployment benefits and a pending appeal from that denial
constitutes “good cause” for an applicant’s failure to file
claims for continued benefits.
Nevertheless, Vega has not challenged the Commission’s
interpretation of its regulations.
directly before this Court.
Therefore, that issue is not
Furthermore, the notice of
determination denying the initial claim for benefits clearly
advised Vega that he must continue to claim benefits while his
claim was under appeal, and that benefits would be payable only
for the weeks properly claimed.
Rather, Vega has argued that he
established good cause for his failure to file continued claims.
Vega does not speak English, and he notes that he needed
interpreters both to claim benefits and to pursue his appeal.
He
also notes that he appeared at the Referee hearing on January 8,
2001, but the hearing was continued to February 19 because there
was no interpreter in the office.
Consequently, he asserts that
his lack of proficiency in English and the problems with
translation at the hearings excuses his failure to file claims.
As the majority correctly notes, however, a
determination of good cause is an issue of fact that must be
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decided by the referee.
The referee noted that, despite Vega’s
lack of proficiency in English, he was able to obtain sufficient
assistance to file his initial claim and he should have been able
to have someone explain his obligation to file continued claims.
Although a different fact-finder might have reached another
conclusion, I agree with the majority that the referee’s decision
was supported by substantial evidence and was not clearly
erroneous as a matter of law.
Accordingly, while the
Commission’s interpretation of its regulations might require
closer scrutiny in the future, I agree with the majority’s
conclusion to affirm in this case.
BRIEF FOR APPELLANT:
Ray H. Stoess, Jr.
Louisville, Kentucky
BRIEF FOR APPELLEE KENTUCKY
UNEMPLOYMENT INSURANCE
COMMISSION:
E. Jeffrey Mosley
Frankfort, Kentucky
NO BRIEF FOR KELVIN
CORPORATION
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