| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
delayed appeal |
|
|
Summary:
The Commission discovered that the Applicant failed to disclose that he had left three different employments for which he received income while receiving benefits. The Commission therefore imposed an indefinite disqualification for voluntarily leaving his employment which resulted in an overpayment of $17,880 as well as a penalty of $5,000. The BOR upheld the overpayment and reduced the penalty to $2,500. The claimant appealed the BOR decision to the Umpire outside the sixty-day appeal period prescribed by former section 116 of the EIA. The Umpire denied the appeal having refused the claimant’s argument that the delay in filing his appeal was due to the fact that he had misread the BOR’s decision. The FCA dismissed the claimant’s application for judicial review on the basis that he had failed to assert any reviewable error on the part of the Umpire.
