On February 5, 2023, the Plaintiff filed a claim for unemployment benefits with the Department of Labor. The Claims Deputy found the Plaintiff ineligible for benefits because she was discharged for “just cause” as defined under 19 Del. C. §3314(2). The Claims Deputy mailed the Notice of the Determination to the Plaintiff on February 22, 2023, giving her ten days to appeal the decision. The Plaintiff filed the appeal on the eleventh day.
The Plaintiff’s claim was heard before the Appeals Referee on March 28, 2023, to determine whether the Plaintiff filed a timely appeal. The Referee affirmed the decision of the Claims Deputy and further found that the Plaintiff’s request for an appeal was not timely. The Plaintiff appealed the Referee’s decision to the Board.
The Board held a hearing, upholding the Referee’s decision finding that the Referee committed no error. The Plaintiff then appealed to the Superior Court.
In reviewing the Board’s decision, the Court determines whether the Board had substantial evidence to support its findings. Pursuant to 19 Del. C. §3318(b), which states that a claimant has ten days from the date of mailing to appeal a decision of a Claims Deputy.
The Plaintiff admits her appeal was filed late but argues that she did not have a key to the mailbox, so she did not receive her mail until March 7, which was eleven days after the Claim Deputy’s decision. Under Delaware law, a notice that is “correctly addressed, stamped, and mailed is presumed to have been received by the party to whom it was addressed.”
If the Department of Labor had committed any error or wrongdoing that would have prevented the Plaintiff from filing a timely appeal, the Board could “reverse any decision of an appeal tribunal. “ However, Plaintiff presented no evidence of wrongdoing on the part of the Department of Labor. Therefore, the Court affirmed the Board’s decision.
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Butler v. Unemployment Insurance Appeal Board, 2023 WL 6460274(Del.Super., 2023)
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