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Queen v. Unemployment Insurance Appeal Board

Superior Court of Delaware

November 14, 2018

Jamia Queen, Appellant
v.
Unemployment Insurance Appeal Board, Appellees.

          Date Submitted: October 26, 2018

          Upon Consideration of Appellant's Appeal from the Unemployment Insurance Appeal Board.

          Jamia Queen, Pro Se Appellant.

          Victoria W. Counihan, Esquire, Department of Justice, Deputy Attorney General.

          Calvin L. Scott Judge

         This is an appeal from the Unemployment Insurance Appeals Board (UIAB). Jamia Queen (Claimant) is seeking a review of the decision by UIAB that her appeal to the Board was untimely.

         Facts

         There appears to be confusion as to the unemployment claim at issue on appeal. The only unemployment claim before the Court is The Department of Labor Case Number 11090188, with a claim date of January 28, 2018. The Appeals Referee's finding of fact noted Claimant separated from her most recent employer as of April 24, 2018. The Referee did not determine eligibility for benefits related to the April separation, and as such eligibility for the April separation was not impacted by the Board's decision.

         Claimant applied for and had been approved to receive unemployment benefits on the January 28 claim. Beginning March 5, 2018, Claimant was employed as a housekeeper for a hotel in the City of Wilmington. Claimant applied for and received unemployment benefits for the week ending March 24, 2018. During a cross match investigation, it was determined Claimant was no longer unemployed and therefore ineligible to continue receiving benefits on the January claim for the week ending March 24. Claimant appealed that determination, and a hearing was conducted before an Appeals Referee on May 16, 2018.

         At the hearing, Claimant's employer argued that Claimant was employed as of March 24, 2018 receiving full time hours. Claimant argued she was eligible to continue receiving benefits. The Appeals Referee affirmed the finding that as of March 24, 2018, Claimant was employed and therefore ineligible to receive benefits for the unemployment claim dated January 28, 2018. The Referee's decision was mailed on May 18, 2018, to Claimant's new address. The notice of the Referee's decision stated the final date to appeal the decision was May 28, 2018. The May 28 date is in accordance with the Unemployment Compensation statutes permitting claimants to file an appeal of the decision to the UIAB. Under 19 Del. C. § 3318 (c) if an appeal is not filed within 10 days the decision becomes final.[1]

         On June 13, 2018, Claimant filed an appeal request of the Referee's decision. The UIAB held a hearing on August 1, 2018. The sole issue before the Board was the timeliness of Claimant's appeal. On August 1, The Board determined Claimant's circumstances did not warrant accepting the appeal, and affirmed the Referee's decision. Claimant filed this appeal asserting she is still eligible for benefits.

         Standard of Review

         In any judicial proceeding under this section, the findings of the UIAB as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the Court shall be confined to questions of law.[2] The Court must determine if the Board's factual findings are supported by substantial evidence in the record and free from legal error.[3] Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."[4]The ...


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