Gibson v. Unemployment Insurance Appeals Board

Opinion

TOBRINER, J.

When a claims interviewer denied plaintiff’s (hereinafter petitioner) application for unemployment benefits, petitioner asked an attorney to appeal that decision to a referee. Due to a mistake in calendaring, the attorney filed the appeal three days after the expiration of the ten-day period provided by Unemployment Insurance Code section 1328. Although both section 1328 and Unemployment Insurance Appeals Board rule 5028 permit extension of the 10-day period for “good cause,” 1 the Unemployment Insurance Appeals Board has developed' a narrow and rigid rule that no error of…