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Jamison v. Delaware Department of Labor

Superior Court of Delaware, New Castle

October 31, 2013

KETURA JAMISON Appellant,
v.
DELAWARE DEPARTMENT OF LABOR, BENEFIT PAYMENT CONTROL UNIT, AND UNEMPLOYMENT INSURANCE APPEAL BOARD Appellees.

Submitted: May 1, 2013

Upon Consideration of Appellant's Appeal of Decision of the Unemployment Insurance Appeal Board, DENIED.

Ketura Jamison, Pro Se Appellant.

James T. Wakley, Deputy Attorney General, Attorney for Appellees.

OPINION

Vivian L. Rapposelli Judge

INTRODUCTION

This is an appeal by Ketura Jamison ("Jamison") from a Decision of the Unemployment Insurance Appeal Board ("the Board") in which Jamison's appeal was dismissed as untimely. This Court finds that there exists substantial evidence to support the decision of the Board. Therefore, the decision of the Board is AFFIRMED.

FACTUAL AND PROCEDURAL BACKGROUND [1]

Jamison was employed by the Kmart Corporation from March 31, 2010 to April 22, 2010, and subsequently opened a claim for unemployment insurance benefits. On April 1, 2011 a Claims Deputy issued two overpayment determinations against Jamison on the basis that she had unrightfully received wages from another employer in addition to her unemployment benefits. Notices of the determinations were sent to Jamison's correct address with a deadline date to file an appeal of April 11, 2011.

Nine months later, on January 19, 2012, Jamison appealed the two determinations. On February 23, 2012 Jamison participated in a phone hearing with a Department of Labor Appeals Referee on the sole issue of the timeliness of her January 19, 2012 Determinations' Appeals. During the hearing, Jamison claimed that she was the victim of identity theft and that the overpayment was a result of the alleged perpetrator's use of her social security number. Jamison acknowledged receiving the April 1, 2011 determination notices, but argued that the untimeliness of her appeal was excusable because she was told by an unknown Department of Labor employee that she should wait to file an appeal until she had more information regarding the identity theft.

The Appeals Referee held that the ten-day appeal deadline could only be excused by an administrative mistake by the Department of Labor and that there was no such evidence in Jamison's case. As such, the Appeals Referee found that Jamison's appeal was untimely and affirmed the decision of the Claims Deputy. A copy of the Referee's Decision was mailed to Jamison on March 2, 2012 with a deadline date to file an appeal of March 12, 2012. Eight months later, on November 29, 2012 Jamison mailed a Notice of Appeal to the Board which was dismissed as untimely on December 18, 2012.

On January 8, 2013, Jamison filed a Notice of Appeal with this Court and submitted her Opening Brief on May 1, 2013. The Board filed its Answering Brief on May 21, 2013. Jamison did not file a Reply Brief.

DISCUSSION

I. Jurisdictional Defects Regarding Jamison's ...


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