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Jessica L. Walker v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 2, 2011

JESSICA L. WALKER, APPELLANT,
v.
BOARD OF REVIEW, AND TELESEARCH SOLUTIONS, INC., RESPONDENTS.

On appeal from the Board of Review, New Jersey Department of Labor, Docket No. 246,508.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 13, 2011

Before Judges Sapp-Peterson and Simonelli.

Appellant Jessica Walker appeals from the May 18, 2010 final decision of respondent Board of Review (Board) dismissing her appeal of the November 9, 2009 decision of the Appeal Tribunal, which found her disqualified for benefits pursuant to N.J.S.A. 43:21-5(a). The Board dismissed the appeal because it was untimely filed pursuant to N.J.S.A. 43:21-6(c) and appellant did not show good cause for the late filing. We affirm.

Appellant filed for unemployment benefits on July 12, 2009. On August 3, 2009, the Deputy held her qualified for benefits, without disqualification, from July 12, 2009. The employer appealed on August 13, 2009, contending appellant left her employment voluntarily without good cause attributable to the work.

On November 9, 2009, the Appeal Tribunal reversed the deputy's determination and held appellant disqualified for benefits pursuant to N.J.S.A. 43:21-5(a), as of June 21, 2009, finding she left her employment voluntarily without good cause attributable to the work. The Appeal Tribunal's decision was mailed to claimant on November 9, 2009. The decision notified appellant that the decision will become final unless she filed a written appeal with the Board within ten days of mailing.

Appellant was required to file her appeal with the Board by November 19, 2009. She did not do so until November 24, 2009. On May 18, 2010, the Board dismissed the appeal pursuant to N.J.S.A. 43:21-6(c), finding it was untimely filed and appellant failed to show good cause for filing a late appeal. This appeal followed.

The Appeal Tribunal's decision "shall be deemed to be the final decision of the [Board], unless within 10 days after the date of notification or mailing of such decision, further appeal is initiated" with the Board. N.J.S.A. 43:21-6(c). Late filing can be excused only upon a showing of good cause, which is defined as circumstances that are either beyond the control of the claimant or "could not have been reasonably foreseen or prevented." N.J.A.C. 12:20-4.1(h).

Appellant failed to timely file her appeal and did not show good cause for the late filing. Therefore, the Board properly dismissed her appeal.

Affirmed.

20110502

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