Hamblin v. DWS

Hamblin v. DWS

IN THE UTAH COURT OF APPEALS

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Michael Hamblin,
Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020868-CA

F I L E D
(January 16, 2003)

 

2003 UT App 11

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Original Proceeding in this Court

Attorneys: Michael Hamblin, Highland, Petitioner Pro Se

Michael R. Medley, Salt Lake City, for Respondent

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Before Judges Davis, Orme, and Thorne.

PER CURIAM:

This matter is before the court on a sua sponte motion under rule 10(a)(2) of the Utah Rules of Appellate Procedure. Petitioner Hamblin failed to file a response to the motion.

Hamblin asserts that his lack of knowledge regarding unemployment benefits constitutes good cause to backdate his claim. However, this court previously resolved this question in Ekshteyn v. Department of Workforce Services, 2002 UT App 74,¶15, 45 P.3d 173, where we stated that "equating 'good cause' with unawareness of rights, and nothing more, is unreasonable on its face. It would render 'good cause' almost meaningless and would result in unwarranted administrative problems." Accordingly, there is no legal basis upon which we can disturb the decision that Hamblin's lack of knowledge was not good cause for the late filing of his claim.

We therefore grant the sua sponte motion and affirm the Workforce Appeals Board's decision.

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James Z. Davis, Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge