Taylor v. Kentucky Unemployment Insurance Commission
2012 Ky. LEXIS 171
| Ky. | 2012Background
- Taylor filed for judicial review of KUIC's decision within 20 days; his petition lacked any verification.
- The petition was signed by Taylor's attorney but was not verified by Taylor or the attorney.
- Circuit court dismissed for lack of jurisdiction under KRS 341.450(1) due to no verification.
- Taylor attempted to amend the petition after the deadline to cure the verification defect.
- Court of Appeals affirmed, holding verification is mandatory and attorney signature cannot substitute for verification.
- Court grants discretionary review to resolve whether strict verification is required and whether attorney signature suffices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is verification mandatory to invoke circuit court jurisdiction under KRS 341.450(1)? | Taylor argues verification is not strictly required. | River Metals/ KUIC argue verification is jurisdictional. | Yes, verification is mandatory for jurisdiction. |
| Does substantial compliance apply to verification under KRS 341.450(1)? | Taylor contends attorney's CR 11 certification suffices. | KUIC argues strict verification required. | Substantial compliance does not cure lack of verification. |
| Can an attorney's signature be treated as verification under KRS 341.450(1) via CR 11 certification? | Taylor contends attorney's signature suffices as verification. | Signature is certification, not verification; not interchangeable. | CR 11 certification is not verification. |
| Does KRS Chapter 13B trump KRS 341.450(1) to grant jurisdiction? | Taylor contends 13BChapter supersedes 341.450. | 13B exemptions do not apply; procedure remains under 341.450. | Issue not preserved for review; affirmed on other grounds. |
Key Cases Cited
- Fisher v. Kentucky Unemployment Ins. Com’n, 880 S.W.2d 891 (Ky.App.1994) (attorney's signature alone insufficient)
- Monyhan v. Kentucky Unemployment Ins. Com’n, 709 S.W.2d 837 (Ky.App.1986) (unverified petition not jurisdictional compliant)
- Pickhart v. U.S. Post Office, 664 S.W.2d 939 (Ky.App.1983) (verification required; fatal if absent)
- Carter v. Kentucky Unemployment Ins. Com’n, 689 S.W.2d 360 (Ky.1985) (strict compliance with 341.450(1) governs jurisdiction)
- Flood v. Board of Adjustments, 581 S.W.2d 1 (Ky.1978) (grace to appeal requires strict compliance)
- Roberts v. Watts, 258 S.W.2d 513 (Ky.1953) (appeal requires strict compliance when created by statute)
- Hilen v. Hays, 673 S.W.2d 713 (Ky.1984) (stare decisis; follow precedents)