Norris v. Kan. Employment Security Bd. of Review

After Appellant quit her job, a Kansas Department of Labor denied Appellant’s claim for unemployment benefits. The Kansas Employment Security Board of Review affirmed the examiner’s denial. Appellant filed a motion to reconsider, which the Board declined to entertain. Thirty-six days after the Board mailed its decision affirming the examiner, Appellant filed a petition for judicial review. The district court judge dismissed Appellant’s petition for lack of jurisdiction because the thirty-six days exceeded a sixteen-day finality time period provided for in the Kansas Employment Security Law and a thirty-day filing deadline under the Kansas Judicial Review Act. The court of appeals reversed the dismissal. The Supreme Court affirmed, holding that Appellant’s motion for Board reconsideration of its initial decision was within the sixteen-day window for finality under the version of Kan. Stat. Ann. 44-709(i) in effect at the time, and Appellant’s petition for judicial review was filed well before thirty days since the Board’s final order had passed. Remanded. View "Norris v. Kan. Employment Security Bd. of Review" on Justia Law