Tomlinson v. Department of Workforce Services
2012 UT App 148
| Utah Ct. App. | 2012Background
- Tomlinson petitions for review of the Board decision denying merits due to lack of jurisdiction over an untimely appeal.
- ALJ found Tomlinson committed fraud by failing to report work and earnings on December 19, 2011.
- Appeal deadline was January 18, 2012; Board did not receive Tomlinson’s appeal until January 23, 2012.
- Board asked for justification of the untimeliness; Tomlinson cited grandfather’s death and family matters.
- Board held no good cause for delay; concluded it lacked jurisdiction to hear the appeal.
- Utah Admin Code R994-508-103 and R994-508-104; Autoliv standard governs when late appeals may be considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board had jurisdiction over untimely appeal | Tomlinson contends late filing should be excused for good cause. | Board found no good cause and thus no jurisdiction. | Board lacked jurisdiction; Board's lack of timely filing preserved. |
| Whether Tomlinson showed good cause for delay | Late filing due to grandfather’s death and family matters. | Evidence insufficient on timing and impact of death on filing. | No good cause shown; delay not excused. |
| Proper application of good cause standard for late filing | Autoliv framework supports consideration of extraordinary circumstances. | Grandfather’s death details were inadequate to demonstrate causation. | Standard applied to find no good cause. |
Key Cases Cited
- Autoliv ASP, Inc. v. Workforce Appeals Bd., 8 P.3d 1033 (2000 UT App 223) (good cause for delay limited to circumstances beyond control or compelling circumstances)
- Armstrong v. Department of Emp’t Sec., 834 P.2d 562 (Utah Ct. App. 1992) (late filing due to confusion between days not sufficient for good cause)
- Kirkwood v. Department of Emp’t Sec., 709 P.2d 1158 (Utah 1985) (family stress insufficient to establish good cause for untimely filing)