Submitted: April 29, 2013
On Appeal from the Decision of the Unemployment Insurance Appeal Board.
Patricia R. Walton, Harrington, Pro Se Appellant.
Lynn Kelly, Esquire, Delaware Department of Justice, Attorney for Appellee, Unemployment Insurance Appeal Board.
Calvin L. Scott, Jr. Judge
Before the Court is Appellant Patricia R. Walton's ("Appellant") appeal from the decision of the Unemployment Insurance Appeal Board (the "Board"). The Court has reviewed Appellant's submission and the record below. For the following reasons, the Board's decision is AFFIRMED.
Plaintiff was employed with Community Systems from March 24, 2006 to July 2, 2012. Plaintiff voluntarily resigned in order to relocate to care for her mother due to her mother's health issues. Plaintiff sought unemployment benefits and, on October 5, 2012, the Claims Deputy found, that Appellant failed to show good cause for voluntarily leaving her employment. On October 16, 2012, eleven days after the Claims Deputy's decision, Appellant appealed the Deputy's decision and explained that she did not receive the decision until October 15, 2012.
On October 18, 2012, the Claims Deputy stated that the final date to file the appeal was on October 15th and that the decision, "based on the merits of the case, is final and binding due to the claimants failure to file a timely appeal." The Deputy further stated that an appeal could be filed and a hearing would be scheduled only for the issue of timeliness.
On November 8, 2012, a hearing was held by the Appeals Referee. Appellant and Leann Austin ("Ms. Austin"), a representative for the Wilmington office of the Department of Labor, were present. Ms. Austin explained that the Department mailed the decision to Appellant's address of record and that the Department received Plaintiff's appeal via fax on October 16th. Appellant testified she had mistakenly indicated that she received the decision on the 15th, but she had actually received it on the 16th. She also stated that the mail was late due to the Columbus Day holiday.
The Referee determined that there was no evidence of administrative error and that Appellant did not file a timely appeal. Therefore, the Referee affirmed the decision of the Claims Deputy.  Thereafter, Appellant appealed the Referee's decision to the Board. The Board affirmed the decision of the Appeals Referee after finding no evidence of departmental administrative error which caused the untimely appeal and that "Claimant ha[d] been given notice and opportunity to be heard sufficient to satisfy the requirements of due process."
Issues on Appeal
Appellant appeals the decision of the Board by explaining that she did not receive the notice until after the final date to appeal the Claims Deputy's decision. Appellant also asks this Court to review the decision based on the fact ...