Appeal of Gallant

At issue in this case is whether the appellate division of the department of employment security acted within statutory and constitutional limits when it refused to hear an appeal filed late as a result of a delayed mail delivery by the United States Postal Service. We reverse and remand to the department of employment security for a hearing on the merits of the appeal.

The claimant, Laurie J. Gallant, filed a claim for unemployment benefits in September of 1983. She had left her job on June 22, 1983, stating that she was not capable of performing the new tasks which had been assigned to her…