Opinion
No. CV04-040 87 83 S
August 31, 2004
MEMORANDUM OF DECISION RE MOTION TO RE-OPEN JUDGMENT
The court has reviewed the record certified to it by the Board of Review, the plaintiff's Motion To Re-Open Judgment, the plaintiff's pleadings and has considered all of her prior submissions.
The file reflects that Claimant's appeal in this matter was dismissed after a telephone hearing on July 18, 1996. She was so advised and was sent a copy of the three-page written decision dated July 25, 1996, dismissing her appeal.
This decision of dismissal concluded with an enlarged printed statement in bold faced type that " If YOU WISH TO APPEAL THIS DECISION, YOU MUST DO SO BY AUGUST 15, 1996. SEE NEXT PAGE FOR IMPORTANT INFORMATION REGARDING YOUR APPEAL RIGHTS."
The file reflects that Claimant's next contact with the Board of Review was a written complaint and or appeal dated August 14, 2003 which was received by the Board of Review on August 22, 2003. This "appeal" was filed approximately seven years late and after the Principal Appeals Referee on September 9, 2003 advised the Claimant that "the decision of the referee is affirmed and the appeal is dismissed." On August 13, 2004 the plaintiff was duly notified that the Court would hear this matter on August 25, 2004. (See attached court Exhibit A). Thereafter, the plaintiff called the court to advise that she would not attend said hearing. She so notified the court clerk's office and failed to appear for her hearing on the assigned date and or failed to contact the court at any time since her telephone call to the court clerk's office.
The decision of the Board of Review follows reasonably from the facts found and correctly applies the law to those facts. The decision is not arbitrary, capricious or contrary to law. The decision is affirmed. Claimant's Motions for Judgment and to Reopen are denied.
The appeal is dismissed.
BY THE COURT,
BALLEN
JUDGE TRIAL REFEREE