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CCH® UNEMPLOYMENT INSURANCE — 7/31/14

No good cause for delay in filing appeal, says Nevada court

There was no good cause to extend the statutory 11-day period for filing an appeal from a decision that denied benefits to a claimant who was discharged for misconduct. The claimant asserted that he failed to timely appeal the decision because he was waiting for the result of an employment grievance he had filed to challenge his termination. However, the board concluded that even if the claimant reasonably waited to appeal until his grievance was resolved, there was no explanation or evidence in the record to justify waiting five weeks after the grievance was resolved to file the appeal. As there was nothing in the record that explained the delay, the court held that substantial evidence supported the board's decision (Tekle v. ESD and MGM Grand Hotel/Casino, Nev. Sup. Ct., No. 63017, June 13, 2014).