Fermin v. Department of Employment

SCHOTTKY, J.

This is an appeal from a judgment denying a writ of mandate entered after the superior court reviewed a determination by the California Unemployment Insurance Appeals Board of the Department of Employment that the claimant Frederick Collins Fermín was disqualified to receive unemployment insurance benefits for certain weeks.

The record shows that until March 31, 1960, Fermín was employed as a drilling machine operator by Friden, Inc. He voluntarily left his employment at that date and he received disability insurance benefits during the period May 1, 1960, until October 27,1960.

On October 31, 1960, Fermín registered for work in the San Antonio office of the Texas Employment Commission. On December 1, 1960, the Department of Employment mailed a notice to Fermín in San Antonio which informed him that he was disqualified from receiving benefits for a “five-week period,” commencing October 30th, because he had volun

[588]

tarily .left his last, employment without good cause. On November 6, 1960, Fermín went to Mexico City where he hoped to secure employment. He returned to San Antonio where he renewed his claim on December 20, 1960, at which time he received notice of the determination of the California Department of Employment. This notice informed Fermín that he had 10 days to appeal and that for good cause the time to appeal could be extended. Fermín spent Christmas with his parents in Texas and then returned to California. He registered for work on January 3, 1961, in Los Angeles. He next registered for work in Richmond on January 10, 1961. He then went to Seattle, Washington, where he filed a renewed claim on January 24, 1961. He finally received benefits for the weeks subsequent to January 28, 1961.

On March 8, 1961, Fermín appealed to a referee the determination of the department that he was disqualified for benefits for a five-week period beginning October 30, 1960, and the determination that he was ineligible for benefits for a four-week period commencing December 18, 1960, and for a one-week period commencing January 15, 1961. The referee and the appeals board affirmed the decision of the department, as did the superior court.

We have concluded that the judgment should be affirmed. The order of the department made on December 1, 1960, that Fermín was disqualified for benefits was final before an appeal was taken. Section 1328 of the Unemployment Insurance Code provides that a claimant may appeal from a determination as to his eligibility for benefits within 10 days from the mailing or personal service of notice of determination. The 10-day period may be extended for good cause. As stated in the memorandum opinion of the trial court: