Teepe v. Review Bd. of Indiana Employment Sec. Division

• Decision Date: 13 August 1964
• Docket Number: No. 20150,20150
• Citation: 200 N.E.2d 538,136 Ind.App. 331
• Parties: Hobart TEEPE, Appellant, v. REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION and William H. Block Co., Appellees.
• Court: Indiana Appellate Court

Page 538

200 N.E.2d 538

136 Ind.App. 331

Hobart TEEPE, Appellant, v. REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION and William H. Block Co., Appellees.

No. 20150.

Appellate Court of Indiana.

Aug. 13, 1964.

Robert L. Wyttenbach, Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen., William C. Haase, Jr., Deputy Atty. Gen., Keith Campbell, Indianapolis, for appellees.

HUNTER, Chief Justice.

This is an appeal from a decision of the Review Board of the Indiana Employment Security Division denying the claimant appellant benefits under the Unemployment Security Act. This matter is before us on the Board of Review's motion to dismiss.

The principal averment in said motion is that the appellant failed to file a notice of intention to appeal the decision of the Review Board of the Indiana Employment Security Division with said Board prior to the expiration of fifteen (15) days from the date of the mailing of such decision as required by the Acts of 1947, ch. 208, § 1811 as amended and found in § 52-1542j, Burns' 1963 Cumulative Supplement.

An examination of the record herein demonstrates that on February 17, 1964 the Review Board of the Indiana Employment Security Division issued its decision in writing denying appellant unemployment benefits on said claim and mailed copies of said decision to the interested parties herein. The record further shows that on April 17, 1964 the appellant filed with the Review Board a praecipe for the transcript of the proceedings had before the Review Board.

It is the appellee Review Board's contention that the failure of the appellant to file a notice of intention to appeal the decision of the Review Board at some time prior to the expiration of fifteen (15) days from the date of the mailing of such decision which in the instant case would have been on or before March 3, 1964 prevents the Appellate Court from acquiring jurisdiction of this appeal. The appellee further contends that the Appellate Court has jurisdiction on the motion to dismiss.

§ 52-1542j, Burns' 1963 Cumulative Supplement, supra, deems a decision of the Review Board to be final fifteen (15) days after the date that the decision is mailed to the interested parties, unless a party adversely affected by such decision initiates a proceeding for review in compliance with the provisions of said section. § 52-1542j, supra, reads as follows:

'Decision of review board--Finality--Notice and perfection of appeal--Stay of proceedings.--Any decision of the review board, in the absence of appeal therefrom as herein provided, shall become final fifteen (15) days after the date such decision is mailed to the interested parties. Provided, however, That if the board or the director or any party adversely affected by such decision files with the review board, at any time prior to the expiration of fifteen (15) days from the date of mailing of such decision, a notice of an intention to appeal from such decision, such action shall stay all further proceedings under or by virtue of such review board decision for a period of thirty (30) days from the date of the filing of such notice, and, if such appeal is perfected, further proceedings shall be further stayed, pending the final determination of said appeal; Provided, further, That if an appeal from such decision of the review board is not perfected within the time provided for by this act (§ 52-1525 et seq.), no action or proceeding shall be further stayed.' See also § 52-1542k.

In a proceeding brought for review of a decision of the Review Board of the Indiana Employment Security Division under the provisions of §§ 52-1542j and 52-1542k, supra, the Appellate Court of Indiana sits as a court of exclusive original jurisdiction and not as an appellate tribunal. Ball Bros. Co. v. Rev. Bd. of Ind. Emp. Sec. Div. (1960), 240 Ind. 582, 167 N.E.2d 469; State ex rel. Standard Oil Co. v. Review Bd. (1951), 230 Ind. 1, 12, 14, 101 N.E.2d 60; Peabody Coal Co. v. Lambermont (1942), 220 Ind. 525, 530, 44 N.E.2d 827.

The Supreme Court of Indiana has held that where a statute provides the remedy for review of a decision of an administrative board and a...