Cesareo Munoz v. Administrator, Unemployment Compensation et al (2010)

MEMORANDUM OF DECISION

STATEMENT OF THE CASE

This is an appeal from the denial of benefits on January 21, 2008 by the Administrator.   On February 26, 2008, a referee dismissed the appeal as untimely since it had not been filed within 21 days and the claimant lacked good cause for an untimely appeal, all as required by C.G.S. § 31-241.

The claimant's appeal of February 29, 2008 was also denied by the Board of Review via a decision dated April 10, 2008.

DISCUSSION

The claimant advised this court that he was aware of the denial and knew his appeal was late.   He apparently filed the late appeal because he felt a co-worker had fared well in his application.

However, this all overlooks the fact that this court lacks subject matter jurisdiction when an appeal is not taken within the time limit set by statute.

This court cannot proceed de novo nor act in a pseudo appellate capacity.

CONCLUSION

The appeal is dismissed.

Anthony V. DeMayo

Judge Referee

DeMayo, Anthony V., J.T.R.