SIMONETTE TUCKER v. BOARD OF REVIEW DEPARTMENT OF LABOR and NURSE STAFFERS, INC

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

SIMONETTE TUCKER,

Appellant,

v.

BOARD OF REVIEW, DEPARTMENT OF

LABOR and NURSE STAFFERS, INC.,

Respondents.

___________________________________

March 4, 2016

Submitted January 26, 2016 Decided

Before Judges Reisner and Whipple.

On appeal from Board of Review, Department of Labor, Docket No 432,047.

Simonette Tucker, appellant pro se.

John J. Hoffman, Acting Attorney General, attorney for respondent Board of Review (Anthony DiLello, Deputy Attorney General, on the brief).

Respondent Nurse Staffers, Inc. has not filed a brief.

PER CURIAM

Simonette Tucker appeals a March 7, 2014 final decision from the Department of Labor's Board of Review (Board). We affirm.

Tucker applied for unemployment benefits on January 6, 2013. On June 20, 2013, the deputy director of the Division of Unemployment and Disability Insurance (Division) mailed her a determination finding her ineligible for benefits between June 2, 2013 and June 29, 2013 because she failed to accept or apply for suitable work without good cause, pursuant to N.J.S.A. 43:21-16(d). The Division also issued a request for refund totaling $3,804 for benefits rendered between January 12, 2013 and April 20, 2013. Because the letter was mailed on June 20, 2013, and because Tucker acknowledged that she received the determination prior to June 24, 2013, the last day she could file an appeal was on July 1, 2013. N.J.S.A. 43:21-6(b)(1) (establishing a ten-day limitation on filing an appeal after the Division provides a determination to a claimant). Tucker appealed the determination on July 2, 2013.

Tucker was scheduled for a hearing on August 8, 2013 before the Board's Appeal Tribunal. Although she did not appear at the first hearing, her absence was excused for good cause. The appeals examiner rescheduled the hearing to October 21, 2013. As a threshold matter, the appeals examiner determined Tucker's appeal was filed one day late and should be dismissed. N.J.S.A. 43:21-6(b)(1) provides that the Board's determinations will be final if a claimant's appeal is not postmarked within ten days of the time within which the determination is sent, or seven days from the time the claimant received the appeal, whichever is sooner. The appeals examiner found that no good cause was demonstrated for Tucker's late filing and cited to N.J.A.C. 12:20-4.1(g)-(h) which provides that an appeal may only be filed more than ten days after receiving a determination if good cause exists. Good cause is defined as a filing delay that "was due to circumstances beyond the control of the appellant," or a delay that was caused by "circumstances which could not have been reasonably foreseen or prevented." N.J.A.C. 12:20-4.1(h)(1), (2).

Tucker appealed the appeals examiner's decision to the Board, which issued its own decision affirming the appeals examiner on March 7, 2014. This appeal followed.

Tucker has not shown good cause why her appeal was filed beyond the statutorily-established filing deadline of N.J.S.A. 43:21-6(b)(1). Tucker asserts that she does not know why her appeal was filed late. She otherwise provides no evidence that the late filing was due to circumstances beyond her control or otherwise unforeseen circumstances.

Affirmed.