Cite as 2024 Ark. App. 124
ARKANSAS COURT OF APPEALS
DIVISION II
No. E-22-623
GEORGE MASON
apPellant
V.
DIRECTOR, DIVISION OF WORKFORCE SERVICES
appellee |
Opinion Delivered February 21, 2024
APPEAL FROM THe ARKANSAS BOARD OF REVIEW [no. 2022-BR-01139]
REMANDED TO SETTLE AND SUPPLEMENT THE RECORD |
STEPHANIE POTTER BARRETT, Judge
George Mason appeals the Board of Review’s (Board’s) dismissal of his unemployment-benefits appeal on the basis that his untimely appeal to the Board was not due to circumstances beyond his control. Because our record does not contain a transcript of the October 12, 2022, hearing conducted by the Board on the timeliness issue, we remand to settle and supplement the record to include a transcript of that hearing.
On February 22, 2022, the Division of Workforce Services issued a determination denying Mason benefits on the finding that he had not shown good cause for delay in filing his initial claim. Mason filed a timely appeal of that determination to the Appeal Tribunal, which affirmed the disqualification after a hearing on March 23, 2022. Mason then filed an untimely appeal to the Board from the Appeal Tribunal decision.
On October 12, 2022, the Board held a hearing, pursuant to Paulino v. Daniels, 269 Ark. 676, 559 S.W.2d 760 (Ark. App. 1980), to determine if the untimely filing of the appeal was due to circumstances beyond Mason’s control. As a result of that hearing, the Board concluded that Mason had failed to show that the late filing of his appeal was due to circumstances beyond his control. However, because our record does not contain a transcript of the October 12 Paulino hearing, we cannot reach the merits of Mason’s claim at this time. We remand this case to the Board to settle and supplement the record. See Robinson v. Dir., 2023 Ark. App. 585.
Remanded to settle and supplement the record.
Gladwin and Gruber, JJ., agree.
George Mason, pro se appellant.
Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.