Smothers v. Delaware Transit Corporation
N16A-08-004 AML
| Del. Super. Ct. | May 1, 2017Background
- Smothers was discharged from Delaware Transit Corporation on April 29, 2016 and filed for unemployment on May 15, 2016.
- A claims deputy mailed a determination on June 14, 2016 finding Smothers was disqualified for just cause; the decision became final on June 24, 2016.
- Smothers filed an appeal on June 30, 2016 (six days late) and contemporaneously updated her address with the Department.
- At an administrative hearing the Department testified the determination was mailed to Smothers’ address of record; Smothers testified she had moved May 20, 2016, was forwarding mail, and believed government mail would be forwarded.
- The appeals referee and the Unemployment Insurance Appeal Board found Smothers’ late appeal was not due to Department error and declined to hear the untimely appeal; Smothers appealed to Superior Court.
- The Superior Court limited review to whether the Board abused its discretion or lacked substantial evidence and affirmed the Board’s denial of further review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claimant’s untimely appeal should be accepted despite late filing | Smothers said she did not receive the determination because she had moved, was forwarding mail, lacked transportation to update her address sooner, and was unaware government mail might not be forwarded | Board/Department argued mail was properly addressed to Smothers’ address of record and there was no Departmental error; Board has discretion to refuse untimely appeals | Court held Board did not abuse its discretion; substantial evidence supports finding that delay was not attributable to Department and appeal was untimely |
Key Cases Cited
- Thompson v. Christiana Care Health Sys., 25 A.3d 778 (Del. 2011) (standard of review: substantial evidence and limited scope of court review of agency findings)
- Olney v. Cooch, 425 A.2d 610 (Del. 1981) (presumption that properly addressed mail is delivered and received)
- Funk v. Unemployment Ins. Appeal Bd., 591 A.2d 222 (Del. 1991) (Board’s discretion to refuse late appeals and conditions for sua sponte review)