SCOTT BRADLEY JUDGE
my decision on your appeal of the Unemployment Insurance
Appeal Board's denial of your application for further
review of the Claim Deputy's denial of your claim for
unemployment benefits. You were employed by Perdue Farms as a
laborer for approximately three years and four months until
you were terminated on December 16, 2017. You were terminated
for violating the company's lockout/tagout policy. You
filed a claim for unemployment benefits on December 24, 2017.
The Claims Deputy determined that Perdue Farms met its burden
of proving that you were discharged for "just
cause" in a written decision dated January 18, 2018. You
had 10 days to file an appeal. You received the Claims
Deputy's written decision, but did not file an appeal of
it until February 6, 2018. The Appeals Referee ruled that the
Claims Deputy's decision was final and binding on you
because you failed to file a timely appeal. The Board
affirmed the Appeals Referee's decision, reasoning that
the Claims Deputy's determination that you were
ineligible for unemployment benefits had become final and
that there was no evidence of error on the part of the
Department of Labor that might have delayed your appeal of
that determination. You then filed an appeal with this Court.
Supreme Court and this Court repeatedly have emphasized the
limited appellate review of the factual findings of an
administrative agency. The Court must determine whether the
Board's findings and conclusions are free from legal
error and supported by substantial evidence in the
record. Substantial evidence means such relevant
evidence as a reasonable mind might accept as adequate to
support a conclusion. The appellate court does not weigh the
evidence, determine questions of credibility, or make its own
factual findings It merely determines if the evidence is
legally adequate to support the agency's factual
findings. Absent an error of law. the Board's
decision will not be disturbed where there is substantial
evidence to support its conclusions.
the time for consideration of your argument by either the
Board or this Court has passed. 19 Del C.
§3318(b) provides that the decision of the Claims Deputy
will become final "10 calender days after such Claims
Deputy's determination was mailed to the last known
addresses of the claimant and the last employer..." The
decision of the Claims Deputy was issued on January 18, 2018.
Therefore, the written decision became final on January 28,
2018. You did not file an appeal until February 6, 2018, or
until nine days after the deadline to do so had passed. The
10-day period for filing an appeal is an express statutory
condition of jurisdiction that is both mandatory and
dispositive. The Claims Deputy's finding that you
were ineligible for unemployment benefits is final and
binding on you because you did not file a timely appeal of
"Where the lateness of the appeal is due to the
claimant's unintentional or accidental actions, and not
due to an administrative error, the Claims Deputy's
determination will become final and § 3318(b) will
jurisdictionally bar the claim from further
appeal." You acknowledged that you received the
Claims Deputy's decision in the mail in a timely manner.
You acknowledged that you read the decision of the Claims
Deputy. You stated that you did not see the part of the
decision indicating the time frame for an appeal. Your delay
in filing the appeal was due solely to your inaction. Thus,
the Board's finding that you did not file a timely appeal
of the Claims Deputy's decision on eligibility is in
accordance with the applicable law and supported by
substantial evidence in the record.
Unemployment Insurance Appeal Board's decision is
IS SO ORDERED.
 Unemployment Insurance Appeal
Board v. Martin, 431 A.2d 1265. 1266 (Del.
Oceanport Ind v. Wilmington
636 A.2d 892, 899 (Del. 1994): Battista
v. Chrysler Corp..517 A.2d 295. 297 (Del. 1986),
app dism..515 ...