| LOWER APPEALS DECISION
DECISION
| DECISION DATE: 06/02/92 |
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| CLAIMANT: Eduardo Nagy |
APPEAL NO.: 92-UCX-74 |
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| EMPLOYER: |
L. O. NO.: 043 |
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APPELLANT: Claimant |
Issue: Whether the claimant
failed to file proper claims for benefits within the meaning
of the Code of MD, Labor and Employment Article, Title
8, Section 901.
- NOTICE OF RIGHT TO PETITION FOR REVIEW -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A REVIEW
AND SUCH PETITION FOR REVIEW MAY BE FILED IN ANY OFFICE
OF THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT,
OR WITH THE BOARD OF APPEALS, ROOM 515, 1100 NORTH EUTAW
STREET, BALTIMORE. MARYLAND 21201. EITHER IN PERSON OR
BY MAIL.
THE PERIOD FOR FILING A PETITION FOR REVIEW EXPIRES ON June
17, 1992.
NOTE: APPEALS FILED BY MAILING INCLUDING SELF-METERED MAIL ARE
CONSIDERED FILED ON THE DATE OF THE U.S. POSTAL SERVICE POSTMARK.
APPEARANCES
For the Claimant:
Eduardo Nagy - Present |
For the Employer |
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| Local
Office Representative: Janet Wisniewski, Claims Specialist |
FINDINGS OF FACT
The claimant was honorably discharged from the United States
Marine Corp and filed a claim for unemployment compensation,
on April 9, 1992, but effective, March 15, 1992. However,
at the effective date of filing the claimant did not have
the necessary certificate for discharge from active duty.
In most instances, claimants discharged from the military
receive the certificate on the date of discharge for presentation
to the local unemployment office in filing a claim. The
claimant received his DD214 Form on March 28, 1992, which
was after the time of filing the claim. The claimant's
commanding officer, H. J. Tirade, certified by letter
as April 13, 1992, that due to unforeseen events and through
no fault of the claimant, he was unable to pick up his
certification when he was separated from active duty on
March 3, 1992. Therefore, when the claimant filed for
benefits, he did not meet the necessary qualifications.
On April 9, 1992, the claimant filed out claim form in the
local office. A back dated claim was established the weeks
ending March 21 and 28, 1992. The claimant requested that
he be allowed back benefits because he was unaware of
the eligibility requirements and was misinformed by his
employer regarding legal qualifications for unemployment
eligibility. When the claimant filled out a claim form
dated April 9, 1992, the claimant failed to indicate on
the form any job search for two weeks.
CONCLUSIONS OF LAW
The Code of Maryland, Labor and Employment Article, Title
8, Section 901, provides that an unemployed individual
is eligible to receive benefits only if it is established
that he/she has filed claims in accordance with relevant
provisions of the Code of Maryland Regulations (COMAR).
COMAR at Title 24.02.02.04 B provides, in essence, that upon
filing an initial or re-opened claim a claimant "shall
file continued claims by mailing the prescribed forms
on the Sunday immediately following the close of the week
or weeks for which benefits are claimed." If the claimant
does not receive a claim form through the mail, the claimant
shall report to the local office within one week of the
date on which the (claim certification) form is required
to be filed.
Further, COMAR at Title 24.02.04B provides that to be valid a claim
certification form must be "completed and correct." An
incomplete or incorrect claim certification form shall
be returned to the claimant for completion or correction
and may not be considered "received" until such time as
it is complete and correct.
The above cited portions of the Law and COMAR are specific
in their provisions and claims must be filed in accordance
with these provisions if benefits are to be paid for the
claim period at issue.
The Code of Maryland, Labor and Employment Article, Title
8, Section 901 provides that a claimant must file timely
claims in order to be eligible for benefits.
The Code of Maryland Regulations at Title 24.02.02.04B(4)
provides that "claims shall be filed and received within
14 days of the week for which benefits are claimed in
order to be timely, provided that the claimant is currently
filing continued claims. Claims filed more than 2 weeks
late shall be considered timely only if the Department's
error caused the claimant not to receive the claim forms."
Further, "a claimant who fails to file a timely continuing claim
shall report, in person, to the local office to file an
initial or reopened claim to reactivate the claim."
A claim series begins with the first day of the calendar
week in which a unemployed individual reports and files
a new or additional claim. The claim filed on April 9,
1992 for the weeks from March 15, 1992 to March 28, 1992
were not properly filed along with the required certification
from the claimant's employer.
DECISION
It is held that the claimant failed to file proper claims
for benefits within the meaning of the Code of Maryland,
Labor and Employment Article, Title 8, Section 901.
The determination of the Claims Examiner is affirmed.
Carolyn White, Hearing Examiner
Date of Hearing: 05/20/92
Ke/Specialist ID: 43734
(Cassette Attached to File)
Copies mailed on 06/02/92 to:
Claimant
Unemployment Insurance - Wheaton (MABS)
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