Submitted: October 26, 2018
Consideration of Appellant's Appeal from the Unemployment
Insurance Appeal Board.
Queen, Pro Se Appellant.
Victoria W. Counihan, Esquire, Department of Justice, Deputy
L. Scott Judge
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.
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.
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,
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
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
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
The Court must determine if the Board's factual findings
are supported by substantial evidence in the record and free
from legal error. Substantial evidence is "such
relevant evidence as a reasonable mind might accept as
adequate to support a conclusion."The ...