Dellmarie Dawson v. Director, Department of Workforce Services

2023 Ark. App. 574

• Court: Court of Appeals of Arkansas
• Decided: December 6, 2023
• Status: Published

Opinion

Cite as 2023 Ark. App. 574 ARKANSAS COURT OF APPEALS DIVISION I No. E-22-298

Opinion Delivered December 6, 2023

DELLMARIE DAWSON APPELLANT APPEAL FROM THE ARKANSAS BOARD OF REVIEW V. [NO. 2021-BR-05253] DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES DISMISSED APPELLEE

WAYMOND M. BROWN, Judge

This case returns to us with corrected errors. Here, appellant, Dellmarie Dawson

(Dawson), was issued a notice of agency determination on September 20, 2021, denying

her benefits under Ark. Code Ann. § 11-10-515 on finding that she refused without good

cause to accept an offer of suitable work. In response, Dawson filed a timely appeal of this

determination to the Appeal Tribunal (Tribunal), which conducted a hearing on October

18, 2021, and issued a decision in Appeal No. 2021-AT-20558 that affirmed the Division

determination. Later, Dawson filed an untimely appeal to the Board of Review (Board)

from the decision of the Tribunal. As a result, Dawson was afforded a timeliness hearing

before the Board by telephone on May 3, 2022, to establish whether the late filing of the

appeal was the result of circumstances beyond her control. Thereafter, the Board issued a

decision in Appeal No. 2021-BR-05253, allowing Dawson’s appeal on finding that it was timely filed and affirming the Tribunal decision. Dawson appealed to the Arkansas Court of

Appeals. This court remanded the case back to the Board for additional findings and

conclusions of law.

Now, as this case returns, the Board has reversed the Tribunal’s decision finding that

Dawson refused to accept an offer of suitable work. Consequently, Dawson is allowed to

receive benefits in compliance with the law. Therefore, it appears that the appeal before us

is moot. As such, we dismiss.

Dismissed.

WOOD and MURPHY, JJ., agree.

Dellmarie Dawson, pro se appellant.

Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.