Shea v. State, Department of Administration, Division of Retirement & Benefits

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here whether it was an abuse of discretion not to extend by six days the time for filing a superior court administrative appeal. By order distributed May 21, 2007, the Public Employees' Retirement System (PERS) denied Shirley Shea's occupational disability benefits claim. On June 20 and June 21, Shea's lawyer attempted to file an appeal, but was not successful until June 26, 2007, six days after the thirty-day appeal deadline. The superior court denied Shea's requests to accept the appeal, effectively rejecting the appeal as untimely.…