In re the Claim of Thomas
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 3, 2011, which denied petitioner’s application to reopen a prior decision.
In April 2002, claimant requested a hearing challenging 1987 determinations disqualifying him from receiving unemployment insurance benefits and charging him with a recoverable overpayment. An Administrative Law Judge’s ensuing determination finding claimant’s hearing request to be untimely was thereafter affirmed by the Unemployment Insurance Appeal Board. Claimant did not appeal that decision; however, he did send letters to the Board requesting a “fair hearing.” Construing the most recent letter as a request to reopen, the Board subsequently issued a decision dated October 3, 2011 denying that application. This appeal ensued.
We affirm. “[T]he decision to grant an application for reopening is within the discretion of the Board and its decision will not
Mercure, J.E, Lahtinen, Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.