Submitted: August 13, 2019.
Appeal from the Unemployment Insurance Appeals Board
Chavous, pro se, Appellant.
Victoria W. Counihan, Esq., Deputy Attorney General, Attorney
for Delaware Department of Labor, Division of Unemployment
C. Mulveny, Esq., Deputy Attorney General, Attorney for
Delaware Department of Labor, Unemployment Insurance Appeal
Jennifer C. Jauffret, Esq., & Lori A. Brewington Esq.,
Attorneys for Appellee, Child, Inc.
Sheldon K. Rennie, Judge.
the Court is pro se appellant, Kyasia Chavous's
("Chavous"), appealfrom an April 30, 2019
decision of the Unemployment Insurance Appeals
Board (the "Board"). Upon consideration of
Chavous's briefs on appeal,  and the record in this case,
it appears to the Court that:
January 23, 2019 the Delaware Department of Labor, Division
of Unemployment Insurance (the "Division") issued
Determination No. 11113106 ("3106 Determination"),
ruling that Chavous was eligible for unemployment benefits
from her employment with Child, Inc.
February 1, 2019, Child, Inc. appealed the 3106 Determination
to an Appeals Referee. On February 20, 2019, a hearing was held
before the Appeals Referee. Child Inc. was present, but
Chavous was absent, even though proper notice of the hearing
had been mailed to her. The Appeals Referee found that Child
Inc. did not terminate Chavous for an unjust cause and
reversed the 3106 Determination.Notice of the Referee's
decision was sent to Chavous on February 20, 2019 via first
class mail. On April 15, 2019, Chavous sought review
of the Referee's decision.On April 30, 2019, the Board
issued a decision which affirmed the Appeals Referee. In its
ruling, the Board denied review of the appeal because it was
untimely and thereby found that the Referee's decision
was final and binding. On May 2, 2019, Chavous appealed the
Board's decision to this Court.
Title 29, Section 10142 of the Delaware Code provides that
this Court has appellate jurisdiction over final agency
decisions. The Court upholds the agency decision so
long as it is "free from legal error" and supported
by "substantial evidence." Substantial evidence
amounts to "relevant evidence that a reasonable mind
might accept as adequate to support a
conclusion." This Court considers the evidence in the
light most favorable to the party prevailing from the
Board's appeal. The issue before this Court is limited
solely to whether Chavous's appeal of the Referee's
decision to the Board was timely filed. The Court finds that
it was not.
19, Section 3318(c) provides that, the Referee's decision
"shall be deemed to be final unless within 10 days after
the date of notification or mailing of such decision further
appeal is initiated." The time limit is
jurisdictional, but the Board may, pursuant to 19 Del. C.