Michael Podlisny v. Administrator, Unemployment Compensation Act (2010)

MEMORANDUM OF DECISION

This is an appeal concerning unemployment compensation.   The Employment Security Board of Review (board) has certified the record of this appeal to this court.

On November 4, 2005 the administrator found that the plaintiff was ineligible for unemployment benefits and notification was sent to the plaintiff.   On July 8, 2009 the plaintiff filed an appeal of the administrator's decision to the appeals division.   On August 26, 2009 the appeals referee dismissed the appeal for lack of jurisdiction.   The basis of the decision by the appeals referee was a finding that the plaintiff had failed to file his appeal within 21 days of the mailing of the notification of the administrator's decision, as is required by Connecticut General Statutes Section 31-241, and that he had failed to show good cause for the late filing.   The appeals referee found as facts that the administrator's decision was mailed to the plaintiff's address of record on November 4, 2005, that the plaintiff received the decision in a timely manner, and that the decision included a notice that the decision would be final unless an appeal was filed within 21 days of the date of the mailing of the decision.   The plaintiff did not file an appeal because he was then employed.

On September 3, 2009 the plaintiff filed an appeal from the referee's decision to the board.   The board reviewed the entire record and accepted the referee's findings as its own, found that the plaintiff had failed to show good cause in filing his late appeal, and dismissed the appeal on October 16, 2009.   The plaintiff then filed an appeal to the Superior Court on November 3, 2009.

This case was assigned to this court for argument and decision.   The claimant, appearing pro se, and counsel for the administrator filed their respective briefs.   The court heard oral argument on September 13, 2010.

“[A]ppeals within the unemployment compensation system must be taken in a timely fashion and, if they are not, they come ‘too late’ for review.”   Gumbs v. Administrator, 9 Conn.App. 131, 133, 517 A.2d 257, 258 (1986).   Connecticut General Statute § 31-248 provides in relevant part that “[a]ny decision of a referee ․ shall become final on the twenty-second calendar day after the date on which a copy of the decision is mailed to the party, provided (1) any such appeal or motion which is filed after such twenty-one-day period may be considered to be timely filed if the filing party shows good cause ․ for the late filing ․” (Emphasis added.)   Pursuant to Regs. Conn. State Agencies, D.O.L., § 31-237g-34(c), “a party has good cause for failing to file an appeal within twenty-one (21) calendar days of the issuance of the Referee's decision if a reasonably prudent individual under the same or similar circumstances would have been prevented from filing a timely appeal.”   (Emphasis added.)

The claimant has not filed a motion to correct the factual findings of the board as proscribed in Conn. Practice Book Sections 22-4 and 22-9.   The court is bound by the board's finding of facts, and the reasonable conclusions reached by the board.  Robinson v. Unemployment Security Board of Review, 181 Conn. 1, 4-5 (1980).

Based on the undisputed facts the board found that the claimant had failed to show good cause for the delay in filing his appeal and dismissed the appeal for lack of jurisdiction.

The court dismisses this appeal because the board's decision was consistent with Conn. General Statutes Section 31-248, and was not unreasonable, arbitrary or illegal.

The appeal is dismissed.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.