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Relator v. Rehabcare Group East, Inc.

Court of Appeals of Minnesota

August 19, 2013

Michelle Moynan, Relator,
v.
Rehabcare Group East, Inc., Respondent,

UNPUBLISHED OPINION

Department of Employment and Economic Development File No. 30115252-3

Michelle D. Moynan, Sartell, Minnesota (pro se relator)

Rehabcare Group East, Inc., Nashville, Tennessee (respondent employer)

Lee B. Nelson, Department of Employment and Economic Development, St. Paul, Minnesota (for respondent department)

Considered and decided by Smith, Presiding Judge; Peterson, Judge; and Chutich, Judge.

PETERSON, JUDGE

This certiorari appeal is from an unemployment-law judge's (ULJ) decision that relator's request for reconsideration was untimely. We affirm.

FACTS

Relator Michelle Moynan was dismissed from her position as a physical-therapy assistant for falsifying her timecard and for falsely recording services that she performed for nursing-home patients. Relator applied for and received unemployment benefits. Relator's employer, respondent Rehabcare Group East, Inc., appealed.

Following an evidentiary hearing, a ULJ ruled that relator was discharged because of aggravated employment misconduct, was ineligible to receive benefits, and was overpaid benefits of $3, 568.00. The ULJ's decision stated that the decision would become final unless relator filed a request for reconsideration "on or before Tuesday, November 13, 2012."

Relator did not request reconsideration of the ULJ's decision until December 18, 2012. The ULJ dismissed the request for reconsideration as untimely. This certiorari appeal followed.

DECISION

This court may modify or reverse a ULJ's decision if the rights of an unemployment-benefits applicant are prejudiced because the findings, inferences, conclusion, or decision are made upon unlawful procedure, affected by an error of law, or not based on substantial evidence in the record. Minn. Stat. § 268.105, subd. 7(d)(3)-(5) (2012). We review de novo a ULJ's decision to dismiss an appeal for untimeliness. Rowe v. Dept. of Emp't & Econ. Dev., 704 N.W.2d 191, 194 (Minn.App. 2005) (stating that with regard to unemployment-compensation appeals, "[t]he timeliness of an appeal presents a question of law, which we review de novo."); see Kennedy v. Am. Paper Recycling Corp., 714 N.W.2d 738, ...


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