Dumberth v. Unemployment Compensation Board of Review

DISSENTING OPINION BY

Judge SIMPSON.

I respectfully dissent from the thoughtful majority opinion because it makes unemployment compensation appeal deadlines uncertain and it prefers those filing appeals by facsimile transmission over those filing appeals in person, by courier or private delivery service, or by private postage meter.

As noted in the majority opinion, Dum-berth was advised that the last day to file an appeal from denial of her unemployment compensation claim was June 18, 2002. She was also advised that if an appeal is transmitted by fax, it must be “received by the close of…