Du Four v. Unemployment Insurance Appeals Board

Opinion

KAUS, P. J.

This is an unemployment insurance case in which petitioner Esther Du Four contends that she has a right to judicial review of an adverse decision of a referee, as distinguished from the appeals board.

Facts

In June 1972, after petitioner either quit or was laid off from her job, she filed a claim for unemployment insurance benefits with the Department of Human Resources Development (HRD). She received benefits for about two months; then, in August 1972 HRD notified her that she was disqualified for unemployment benefits because she had quit her most recent employment without good cause and refused an offer of suitable work without good cause. She was disqualified for future benefits for the statutory period of time and required to repay the benefits already granted.

Petitioner filed a timely appeal and a hearing on her appeal was held before a referee, who, in November 1972, affirmed the decision of the department.

[866]

Although not alleged in the petition, the administrative record shows that petitioner filed a late appeal to the Unemployment Insurance Appeals Board which decided only that petitioner had not shown good cause for the late filing. Petitioner concededly did not seek judicial review of the board’s decision.

The board’s demurrer to the petition in this action, directed against the referee’s decision, was sustained and the case was dismissed.

Discussion

The procedure for review of adverse HRD decisions is straight forward. A dissatisfied applicant can' appeal an adverse decision by a departmental representative to a referee who determines the matter of eligibility

de novo.

(Unemp. Ins. Code, § 1328.)

1

Petitioner had such a de novo review in this case.

An applicant may appeal an adverse decision of the referee by requesting board review within 10 days of the referee’s decision. (§ 1334.) The board may decide the case on the record developed at the hearing before the referee or may take additional evidence. (§ 1336.) A decision of the appeals board is final, “except for such action as may be taken by a judicial tribunal as permitted or required by law.” The right to petition for judicial review must be exercised within six months. (§ 410.)