Anthony v. District of Columbia Department of Employment Services
Anthony v. District of Columbia Department of Employment Services
Opinion of the Court
Ronald Anthony has petitioned this court to review a decision of the District of Columbia Department of Employment Services (Department) denying him unemployment compensation benefits for an. eleven-week period beginning November 21, 1982, and ending February 5, 1983. In a letter appended to his petition for review,
On April 1,1983, a Claims Deputy for the Department made an initial determination that Anthony was ineligible for unemployment benefits for the eleven-week period because he failed to “report as directed” under Section 9(a) of the District of Columbia Unemployment Compensation Act.
In a letter to the Department dated December 20, 1983, Anthony made several objections to the findings of the Appeals Examiner.
We recently construed Section 9(a), and the regulations promulgated thereunder,
The Department’s finding in the instant case that Anthony failed to timely submit claim record cards for the eleven-week period is supported by substantial evidence in the record. In the Department’s fact-finding report dated February 8, 1983, Anthony is quoted as conceding that he reported late for the weeks ending November 27 through December 18, 1982.
Remanded.
. Anthony did not submit a brief to this court.
. See note 4, infra.
. Section 9(a), codified at D.C.Code § 46-110 (1981), provides:
An unemployed individual shall be eligible to receive benefits with respect to any week only if it has been found by the Board:
(1) That he has made a claim for benefits with respect to such week in accordance with such regulations as the Council of the District of Columbia may prescribe....
. Anthony maintained that the decision did not take into consideration that he was ill for one and one-half weeks of the eleven-week period, that it gave no explanation of what was meant by "Christmas holidays," and that it failed to find that he “reported to the Merrifield [Virginia] offices on time with the exception when [he] was ill.”
.Section 4605.5(a) of the unemployment compensation regulations (18 DCRR § 4605.5 (1983)) "contains a specific admonition that claimants] make continued claims and so inform the agency.” Dunn v. District of Columbia Department of Employment Services, 467 A.2d 966, 967 n. 1 (D.C. 1983).
. D.C.Code § 1 — 1510(a)(3) (1981) provides that this court may "hold unlawful and set aside any action or findings and conclusions found to be: ... (E) [u]nsupported by substantial evidence in the record of the proceedings before the Court.” We have held that substantial evidence means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Dunn, supra, 467 A.2d at 967 (quoting Wallace v. District Unemployment Compensation Board, 294 A.2d 177, 179 (D.C. 1972)).
. This is supported by two “Continued Interstate Claim” forms which were filed by Anthony on January 26, 1983, and which covered claims for the weeks ending November 27 through December 18, 1982.
Reference
- Full Case Name
- Ronald ANTHONY v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES
- Status
- Published