Case Information
*1 IN THE UTAH COURT OF APPEALS
‐‐‐‐ ooOoo ‐‐‐‐
Latecia Tomlinson, ) PER CURIAM DECISION
)
Petitioner, ) Case No. )
v. ) F I L E D
) (May 17, 2012) Services, ) )
Respondent. ) ‐‐‐‐‐
Original Proceeding this Court
Attorneys: Latecia Tomlinson, West Valley City, Petitioner Pro Se
Amanda B. McPeck, Salt Lake City, Respondent ‐‐‐‐‐
Before Judges Thorne, Roth. Latecia petitions review final order Workforce (the Board), which consider
merits This matter before court on sua sponte motion for summary disposition based on lack substantial question review. The administrative law judge (ALJ) issued December
finding committed fraud failing report work earnings. ALJ’s indicated sought decision, needed within thirty December Therefore, required before The *2 Board did not receive Tomlinson’s appeal until 2012. After receiving the appeal, the Board requested information concerning why her appeal was untimely. Tomlinson responded that her grandfather had passed away and because that had placed her personal affairs hold. After reviewing her response, the Board determined that Tomlinson failed to timely her appeal from the the ALJ. It also determined that Tomlinson had failed to demonstrate good cause for the untimely appeal. As a result, the Board determined that did not have to resolve Tomlinson’s appeal.
¶3 A late appeal may be considered by the Board a claimant can show good cause for the delay. See ASP, Inc. v. Bd. , 2000 8 P.3d 1033. Good cause for delay in filing an appeal limited to circumstances where the claimant received the determination after the appeal time had run, the delay was caused circumstances beyond the claimant’s control, or the claimant filed late under circumstances that were compelling and reasonable. See 508 ‐ Tomlinson claimed that she did not the timely because her grandfather had passed away she had placed her personal affairs hold while she dealing family affairs. Board determined that Tomlinson had failed demonstrate how her grandfather’s passing had prevented her from filing timely Specifically, Board that failed provide any details concerning the timing of grandfather’s passing how his passing prevented from completing the rather simple process. Accordingly, the found that did not have good cause for untimely filing appeal. has failed demonstrate that abused discretion so
finding. Armstrong v. Department Emp’t Sec. , 834 P.2d 567 (Utah Ct. App. 1992) (determining party who filed an one day late because she confused working calendar days did not demonstrate good cause untimely filing); Kirkwood v. Emp’t Sec. , P.2d (Utah 1985) (per curiam) (affirming claimant’s claim stress from family issues was insufficient demonstrate good cause filing untimely appeal). Because failed demonstrate she good cause late filing, Board *3 hear ‐ 103; , stands. ____________________________________
Gregory K. Judge
____________________________________
William A. Thorne Jr., Judge
____________________________________
Stephen L. Roth, Judge