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Holt v. Mississippi Employment Security Commission

December 08, 1998

BRENDA S. HOLT APPELLANT
v.
MISSISSIPPI EMPLOYMENT SECURITY COMMISSION APPELLEE



Before McMILLIN, P.j., Coleman, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J.

DATE OF JUDGMENT: April 4, 1997

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: YAZOO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - OTHER

TRIAL COURT DISPOSITION: DISMISSED FOR FAILURE TO COMPLY WITH SEC. 71-5-519 M.C.A. 1972

DISPOSITION: AFFIRMED

¶1. Brenda Holt brought a claim in the Mississippi Employment Security Commission (MESC) regarding her dismissal from employment. Holt did not timely seek review of the appeals referee's denial of benefits to the Board of Review. The Board of Review and the circuit court found the untimely appeal to end Holt's right to contest the decision. Holt appeals to this Court, claiming that she never received notice of the decision denying benefits, and therefore should not be held to have untimely appealed from that decision. We find that insufficient evidence was presented to overcome the presumption of proper delivery of the notice. Consequently, we affirm.

STATEMENT OF FACTS

¶2. Holt was an employee at Four Points Restaurant in Yazoo City. The restaurant manager counseled Holt about serving coffee in an improper cup. There appears to have been an earlier Discussion regarding the same error. According to the employer, Holt became irate and created a scene in the restaurant. She was asked either to calm down and go back to work or to go home. The manager indicated in her testimony that the Discussion between the two was fairly heated, with some sharp words exchanged. Holt's response to the choice was "do you mean you're firing me?" The manager said, "[T]ake it for whatever it's worth. But hush your mouth."

¶3. Holt left the restaurant at that time, and as the manager put it, "she left me with no help." The manager testified that Holt never returned to work.

¶4. Subsequently Holt filed for unemployment benefits.

¶5. The procedural chronology is central to our resolution of the case:

"1. November 22, 1996, notice sent that claims examiner disqualified Holt from benefits, finding that Holt had been discharged for misconduct; that decision was timely appealed.

"2. December 19, 1996, notice sent that appeals referee affirmed the claims examiner.

"3. January 14, 1997, Holt appealed from the referee's decision.

"4. February 7, 1997, MESC Board of Review dismissed the appeal as ...


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