Steel Transp. Co. v. Review Bd. of Indiana Employment Sec. Division, 19682

Decision Date03 December 1962
Docket NumberNo. 19682,No. 1,19682,1
Citation134 Ind.App. 95,186 N.E.2d 174
PartiesSTEEL TRANSPORTATION COMPANY, Inc., Appellant. v. REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION, Douglas J. Morris, William G. Johnson, and Frank C. McAlister, as Members of and as constituting the Review Board of the Indiana Employment Security Division; and Spencer Dixon, Appellees
CourtIndiana Appellate Court

Sullivan & Gray, Whiting, for appellant.

Keith Campbell, (Review Board) Edwin Steers, Atty. Gen., Indianapolis, for appellees.

RYAN, Judge.

This is an appeal from the Review Board of the Indiana Employment Security Division. The appellant directly challenges the fact as to whether or not the claimant filed his notice of intention to appeal the decision of the Division Deputy within the ten (10) day period as provided by Burns' Ind.Sts.Anno. § 52-1542a 1962 Supplement.

The record discloses that the notice of claimant's intention to appeal the decision of the Division Deputy was not in fact filed within the required statutory ten (10) day period. The Review Board therefore had no jurisdiction to hear the appeal. The decision of the Review Board is therefore set aside and the decision of the Division Deputy is determined to be final.

COOPER, C. J., and AX and MYERS, JJ., concurring.

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10 cases
  • Salt Creek Freightways v. Wyoming Fair Employment Practices Commission
    • United States
    • Wyoming Supreme Court
    • August 7, 1979
    ...of law and failure to follow them makes the decision contrary to law. . . .' See also, Steel Transportation Co., Inc. v. Review Board of Ind. Employment Sec. Div. (1962), 134 Ind.App. 95, 186 N.E.2d 174." Where a police Civil Service Commission failed to follow its own published rules, the ......
  • Wolfe v. Review Bd. of Indiana Employment Sec. Division
    • United States
    • Indiana Appellate Court
    • April 27, 1978
    ...documents. Anderson v. Rev. Bd. of Ind. Emp. Sec. Div. (1968), 142 Ind.App. 577, 236 N.E.2d 178; Steel Transp. Co., Inc. v. Review Board (1962), 134 Ind.App. 95, 186 N.E.2d 174. According to Regulation 802, Wolfe should have been eligible for benefits ten days after the Division requested i......
  • Neal v. Review Bd. of Indiana Employment Sec. Division
    • United States
    • Indiana Appellate Court
    • November 8, 1972
    ...to act on the request for appeal, its action would have been reversible error. In the case of Steel Transportation Co., Inc., v. Review Board (1962), 134 Ind.App. 95, 186 N.E.2d 174, the Court held as 'This is an appeal from the Review Board of the Indiana Employment Security Division. The ......
  • Reece v. Review Bd. of Employment Sec. Division
    • United States
    • Indiana Appellate Court
    • March 22, 1977
    ...case on its merits. (Steel Transport(t)ation Co., Inc. v. Review Board, Indiana Employment Security Division (1962), (134) Ind.App. (95), 186 N.E.2d 174) DECISION: The determination of the deputy became final ten (10) days after December 12, 1974. The referee has no jurisdiction except to d......
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