Sheryl Scott v. Director, Division of Workforce Services

2021 Ark. App. 421

Opinion

Cite as 2021 Ark. App. 421 Elizabeth Perry ARKANSAS COURT OF APPEALS I attest to the accuracy and integrity of this document DIVISION II 2023.07.14 09:52:59 -05'00' No. E-21-90 2023.003.20244 Opinion Delivered November 3, 2021

SHERYL SCOTT APPEAL FROM THE ARKANSAS APPELLANT BOARD OF REVIEW

V. [NO. 2021-BR-00177]

DIRECTOR, DIVISION OF WORKFORCE SERVICES REMANDED TO SETTLE AND APPELLEE SUPPLEMENT THE RECORD

BART F. VIRDEN, Judge Appellant, Sheryl Scott, appeals an adverse ruling of the Arkansas Board of Review

(Board) affirming the Appeal Tribunal’s denial of her unemployment claim. Because our

record does not contain a transcript of the December 9, 2020 hearing conducted by the

Appeal Tribunal, we remand to the Board to settle and supplement the record to include

the transcript of that hearing.

On August 18, 2020, the Division of Workforce Services issued a “Notice of Agency

Determination” denying Scott’s claim for unemployment benefits. Scott filed a timely

appeal of the determination to the Appeal Tribunal. On December 9, 2020, the Tribunal

conducted a hearing on the merits of the appeal, and it affirmed the denial of her claim for

benefits in a decision with a mailing date of December 16, 2020.

1 Scott then filed an untimely appeal to the Board. Pursuant to Paulino v. Daniels, 269

Ark. 676, 559 S.W.2d 760 (Ark. App. 1980), the Board held a hearing on February 3, 2021,

to determine whether Scott’s untimely appeal was due to circumstances beyond her control.

Scott testified that after receiving the decision from the Tribunal, she became ill with

coronavirus and was under quarantine during the time her appeal should have been filed.

Ultimately, the Board found that her untimely appeal was due to circumstances beyond her

control; however, they reviewed the Tribunal’s decision and affirmed the Tribunal’s denial

of Scott’s claim for unemployment benefits.

Scott has now appealed from the Board’s decision denying her claim for benefits.

However, because our record does not include a transcript of the December 9, 2020 hearing

in which the testimony regarding Scott’s appeal was presented before the Tribunal—and

later considered by the Board in reaching its decision—we cannot reach the merits of her

claim at this time.

This case is therefore remanded to the Board to settle and supplement the record to

include the transcript of the December 9, 2020 hearing within thirty days.

Remanded to settle and supplement the record.

HARRISON, C.J., and GRUBER, J., agree.

Sheryl Scott, pro se appellant.

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