2013 Ohio 5047
Ohio Ct. App.2013Background
- Crawford appeals a trial court dismissal of her administrative unemployment benefits appeal.
- Final decision of the Unemployment Compensation Review Commission was mailed March 7, 2013.
- Crawford filed a notice of administrative appeal with the Montgomery County Court of Common Pleas on April 24, 2013.
- R.C. 4141.282(A) requires filing within 30 days after the final decision was sent to all interested parties.
- The trial court dismissed the appeal as untimely; Crawford did not respond to motions to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crawford’s administrative appeal was timely filed | Crawford may have mailed to the Review Commission mistakenly. | Notice of appeal was filed beyond 30 days to the common pleas court. | Untimely; proper to dismiss |
Key Cases Cited
- Yu v. Zhang, 175 Ohio App.3d 83 (2008–Ohio–400) (de novo review for subject-matter jurisdiction in administrative appeals)
- McCruter v. Board of Review, Bureau of Employment Services, 64 Ohio St.2d 277 (1980) (mandatory requirements govern statutory administrative appeals)
- Tru-Way Design & Eng., Inc. v. Wilson, 2008-Ohio-475 (6th Dist. Lucas) (timeliness of notice of appeal controls jurisdiction)
- Makris v. Unemp. Comp. Rev. Comm., 2013-Ohio-2317 (11th Dist. Mahoning) (timeliness precedent for unemployment appeal notices)
- Campbell v. Valley Homes Mut., 2007-Ohio-1490 (1st Dist. Hamilton) (proper filing within statutory deadline required)