Opinion
No. 19,682.
Filed December 3, 1962.
EMPLOYMENT SECURITY — Review — Time of Notice of Appeal — Statute — Administrative Law and Procedure. — Review Board has no jurisdiction to hear an appeal from the decision of a Division Deputy where notice of appeal was not filed within the required statutory ten day period. Section 52-1542a, Burns' 1951 Replacement (1962 Cum. Supp.).
From the Review Board of the Indiana Employment Security Division.
Claimant-appellee, Spencer Dixon, was granted favorable award by appellee, Review Board of Indiana Employment Security Division, and appellant, Steel Transportation Company, Inc., appeals.
Reversed. By the First Division.
Sullivan Gray, of Whiting, for appellant.
Edwin K. Steers, Attorney General, and Keith Campbell, Deputy Attorney General, for appellee, Review Board.
Walter F. Jones, of Indianapolis, for appellee, Spencer Dixon.
This is an appeal from the Review Board of the Indiana Employment Security Division. The appellant directly challenges the fact as to whether or not the claimant filed his notice of intention to appeal the decision of the Division Deputy within the ten (10) day period as provided by Burns' Ind. Sts. Anno. § 52-1542a, 1962 Supplement.
The record discloses that the notice of claimant's intention to appeal the decision of the Division Deputy was not in fact filed within the required statutory ten (10) day period. The Review Board therefore had no jurisdiction to hear the appeal. The decision of the Review Board is therefore set aside and the decision of the Division Deputy is determined to be final.
Cooper, C.J., and Ax, Myers, JJ., concurring.
NOTE. — Reported in 186 N.E.2d 174.