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Lowden v. Board of Review

Decided: March 15, 1963.

EUNICE M. BRYAN LOWDEN, APPELLANT,
v.
BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, RESPONDENT



Foley, Freund and Kilkenny.

Per Curiam

This is an appeal from a decision of the Board of Review affirming a determination of the Appeal Tribunal, both bodies constituting parts of the administrative process of the Division of Employment Security, Department of Labor and Industry.

In gross, appellant attacks the merits of a determination of a deputy of the department by which her monetary benefits under the unemployment law were fixed.

We do not reach a review of the merits of such decision. Rather, we are concerned here with our jurisdiction to consider the matter.

The essential and controlling facts relating to this phase of the appeal are not in dispute. On November 17, 1961 the deputy made the award which claimant challenges. His determination was delivered to claimant in person on November 28, 1961 at the office of the agency. The Appeal Tribunal, empowered by statute to review such determinations, received a letter of appeal from the claimant on December 11, 1961. The letter bore the date of December 6, 1961 and was postmarked December 9, 1961.

On June 21, 1962, after a hearing, the Appeal Tribunal held the appeal to be untimely, and dismissed it in accordance with N.J.S.A. 43:21-6(b)(1). On appeal the Board of Review affirmed this decision, as above noted.

Since the right to unemployment compensation benefits is purely statutory (R.S. 43:21-1 et seq.), the procedural aspects of the enforcement of such right are governed entirely and exclusively by the statute. N.J.S.A. 43:21-6(b)(1) provides in part:

"Unless the claimant or any interested party within 7 calendar days after delivery of notification of an initial determination or within 10 calendar days after such notification was mailed to his or their last-known address and addresses, files an appeal from such decision, such decision shall be final and benefits shall be paid or denied in accordance therewith, except for such determinations as may be altered in benefit amounts or duration as provided in this paragraph." (Emphasis added)

Pursuant to its statutory authority to prescribe rules (see N.J.S.A. 43:21-6(f)) the Board of Review promulgated rule Bankr. 3.01 entitled "Appeals to Appeal Tribunals," the pertinent part of which, as amended, provides:

"(a) * * *

The date on which an appeal is filed is the date of the postmark, or in the event the postmark is missing, the date of receipt by an office or employee of the Division of Employment Security authorized to accept appeals."

Rules and regulations adopted by administrative authorities pursuant to power delegated to them by ...


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