Mississippi Department of Employment Security v. Arders Matthews
203 So. 3d 46
Miss. Ct. App.2016Background
- Matthews worked as a cook at Harlow’s Casino from July 2014 to January 2015 and was terminated under the casino’s attendance-point policy after accumulating ten points.
- Matthews applied for unemployment benefits; an MDES claims examiner denied benefits as discharge for misconduct, and Matthews timely appealed to an ALJ.
- The ALJ held a telephonic hearing, affirmed the denial on March 17, 2015, and informed Matthews he had 14 days to appeal to the MDES Board of Review.
- Matthews filed an appeal to the Board 44 days after the ALJ decision (30 days past the statutory 14-day deadline); the Board dismissed the appeal as untimely.
- Matthews then appealed pro se to the Washington County Circuit Court, which reversed the Board on the merits (finding the casino misapplied its attendance policy) but did not address the Board’s timeliness dismissal.
- The Court of Appeals reversed the circuit court: because Matthews offered no evidence of good cause for late filing, the Board’s dismissal for untimeliness and denial of benefits was reinstated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board properly dismissed Matthews’s appeal as untimely under Miss. Code § 71-5-519 | Matthews proceeded to circuit court arguing the ALJ’s decision was wrong on the merits (circuit court sided on merits) | MDES: statutory 14-day appeal deadline was missed; no good-cause shown to excuse lateness, so dismissal must stand | Court held the Board was correct to dismiss as untimely; Matthews offered no evidence of not receiving notice or other good cause—circuit court reversal on merits reversed and rendered in favor of MDES |
Key Cases Cited
- Davis v. MDES, 147 So. 3d 385 (Miss. Ct. App. 2014) (affirming Board dismissal of late appeal; claimant received decision but appealed late)
- Onyia v. Miss. Emp’t Sec. Comm’n, 98 So. 3d 1136 (Miss. Ct. App. 2012) (substantial evidence can support dismissal of late administrative appeals even when claimant alleges mailing or telephone assurances)
- Miss. Emp’t Sec. Comm’n v. Marion Cty. Sheriff’s Dep’t, 865 So. 2d 1153 (Miss. 2004) (good-cause standard for excusing failure to receive mailed ALJ decision)