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Jackson v. Mississippi Dept. of Employment Security

Court of Appeals of Mississippi

September 10, 2013

Rosetta JACKSON, Appellant
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, Appellee.

Page 299

Rosetta Jackson, appellant, pro se.

Albert B. White, Madison, Leanne Franklin Brady, attorneys for appellee.

Before IRVING, P.J., ISHEE and FAIR, JJ.

FAIR, J.

¶ 1. The Mississippi Department of Employment Security (MDES) denied unemployment benefits to Rosetta Jackson after

Page 300

it determined she had failed to file a timely appeal of the claims examiner's decision. The Forrest County Circuit Court affirmed that decision. Finding no error, we affirm the judgment of the circuit court.

FACTS

¶ 2. Jackson was employed by LBAM Investor Group LLC as a hotel housekeeper from October 15, 2011, to January 3, 2012. She was discharged due to a verbal altercation with her supervisor. Jackson applied for unemployment benefits with MDES. After conducting an investigation, the MDES claims examiner denied Jackson benefits due to work misconduct.

¶ 3. On February 4, 2012, Jackson received a " Notice of Nonmonetary Determination Decision" in the mail, informing her that her benefits were denied. The letter informed her that she had until February 18, 2012, to appeal the decision. The letter also stated that if she filed an appeal later than February 18, a hearing would be held to determine whether she had good cause for filing late. Jackson did not file her appeal until February 28, 2012.

¶ 4. The administrative law judge (ALJ) conducted a telephonic hearing with Jackson. After reviewing the record, the ALJ found that pursuant to Mississippi Code Annotated section 71-5-517 (Rev.2011), Jackson had fourteen days from the claims examiner's February 4, 2012 decision in which to appeal. Consequently, the ALJ stated that Jackson's appeal was not timely because it was not filed until February 28, 2012. Finding that Jackson failed to show good cause for her untimely filing, the appeal was dismissed. Jackson appealed the ALJ's decision to the MDES Board of Review, which affirmed the decision. Jackson appealed the MDES decision to the Forrest County Circuit Court. The circuit court affirmed that decision. Jackson now appeals to this Court.

STANDARD OF REVIEW

¶ 5. " The scope of review in an unemployment-compensation case is limited. Absent fraud, the findings of fact of the Board of Review are conclusive if supported by substantial evidence." Brown v. Miss. Dep't of Emp't Sec.,29 So.3d 766, 769 (¶ 9) (Miss.2010) (citation omitted). " A rebuttable presumption exists in favor of the administrative agency, and the challenging party has the ...


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