Brown v. Department of Workforce Services, Workforce Appeals Board
257 P.3d 1105
Utah Ct. App.2011Background
- Brown petitions for review of the Board's decision that her unemployment benefits appeal was untimely.
- Brown was denied benefits after a determination of discharge for cause, with an appeal deadline stated in the decision notice.
- Brown filed her appeal after the deadline; timely filing is jurisdictional absent good cause.
- Utah law allows an untimely appeal to be excused for good cause per Admin. Code R994-508-104 and Autoliv ASP, Inc. v. Workforce Appeals Bd.
- ALJ found no good cause; Brown could have filed by mail or fax and was not prevented from timely filing.
- Board affirmed lack of jurisdiction; the court sustains the Board's decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown showed good cause to excuse untimely filing | Brown argues circumstances excused delay | Brown failed to show delaying factors beyond her control or compelling reasons | No good cause shown; untimeliness not excused |
Key Cases Cited
- Autoliv ASP, Inc. v. Workforce Appeals Bd., 8 P.3d 1033 (2000 UT App 223) (good-cause exception to timely appeal procedure recognized)
- Drake v. Industrial Comm'n, 939 P.2d 177 (Utah 1997) (substantial evidence required for factual findings)