In re the Claim of Averett

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 6, 2009, which dismissed claimant’s appeal from a decision of the Administrative Law Judge as untimely.

After claimant lost his job as a bus driver, the Department of Labor issued a determination ruling that he was disqualified from receiving unemployment insurance benefits because he was discharged for misconduct. At claimant’s request, a hearing was conducted before an Administrative Law Judge (hereinafter ALJ) who issued a decision sustaining the Department of Labor’s determination. Claimant appealed this…