B. F. Todd Electrical Contractors v. Hammond

(concurring in judgment only) :

I agree that this case need not be remanded to the deputy, because, in my opinion, the record establishes conclusively a lack of substantial compliance with the cited rule. I cannot agree, however, that the opinion (page 515) expresses a rule on the “mandatory” nature of this rule that is consistent with prior constructions by this Court and the Commission itself. The statement is made:

*516“The 90-day provision is mandatory in the sense that once that period has run, absent application upon good cause shown for extension, the cause must be determined by the deputy…