Tessa Rosamond v. Director, Division of Workforce Services

2022 Ark. App. 7

• Court: Court of Appeals of Arkansas
• Decided: January 12, 2022
• Status: Published

Opinion

Cite as 2022 Ark. App. 7 Elizabeth Perry ARKANSAS COURT OF APPEALS I attest to the accuracy and integrity of this document DIVISION III 2023.08.09 12:01:41 -05'00' No. E-21-162 2023.003.20244 Opinion Delivered January 12, 2022 TESSA ROSAMOND APPELLANT APPEAL FROM THE ARKANSAS BOARD OF REVIEW V. [NO. 2021-BR-00793]

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

N. MARK KLAPPENBACH, Judge

Tessa Rosamond appeals from a decision of the Arkansas Board of Review (Board)

denying her claim for unemployment benefits. Because the record is missing a transcript

needed to decide the appeal, we remand to the Board to settle and supplement the record.

The Division of Workforce Services initially allowed Rosamond benefits. Her

employer appealed to the Appeal Tribunal (Tribunal), and a hearing was held on January

22, 2021. The Tribunal determined that Rosamond was not entitled to benefits.

Rosamond then appealed to the Board, but her appeal was initially deemed untimely. A

hearing was conducted before the Board to determine whether the appeal was timely filed

and, if not, whether the untimely filing was a result of circumstances beyond Rosamond’s

control. In a March 2021 decision, the Board determined that Rosamond’s appeal was filed

in a timely manner. In the same decision, the Board then addressed the separation-from-

work issue upon considering “the entire record of prior proceedings before the Appeal Tribunal, including the testimony submitted at the hearing.” The Board concluded that

Rosamond should be denied benefits.

Rosamond now appeals from the Board’s March 2021 decision denying her claim

for benefits. However, because the record before this court does not include the transcript

of the January 22, 2021 hearing before the Tribunal that addressed the separation-from-

work issue, we cannot decide the merits of the appeal at this time. Accordingly, we remand

to the Board to settle and supplement the record with the Tribunal hearing transcript within

thirty days.

Remanded to settle and supplement the record.

ABRAMSON and VIRDEN, JJ., agree.

Tessa Rosamond, pro se appellant.

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