TERRI L. BOYD-DAVIS, Claimant-Appellant,
MACOMBER LAW, PLLC, Employer, and IDAHO DEPARTMENT OF LABOR, Respondents
As Amended January 27, 2015. As Amended April 2, 2015.
2015 Opinion No. 3
Appeal from the Industrial Commission of the State of Idaho.
The decision of the Commission is vacated and the case is remanded for further proceedings consistent with this Opinion.
Terri Boyd-Davis, Hayden, appellant, Pro se.
Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent Idaho Department of Labor. Tracey K. Rolfsen argued.
HORTON, Justice. Chief Justice BUDICK and Justices EISMANN, J. JONES and Justice Pro Tem WALTERS CONCUR.
Terri Boyd-Davis appeals the decision of the Industrial Commission which concluded that Boyd-Davis failed to provide information requested by Idaho Department of Labor (IDOL) as required by IDAPA 09.01.30.425.07 and was therefore ineligible for unemployment benefits. We vacate the Commission's decision and remand the matter to the Commission for further proceedings consistent with this opinion.
I. FACTUAL AND PROCEDURAL BACKGROUND
Boyd-Davis filed for unemployment compensation on January 27, 2013, and began receiving benefits. IDOL claims to have mailed an " online review letter" to Boyd-Davis' listed address on March 6, 2013 (the Online Review Letter). The Online Review Letter indicated that Boyd-Davis had been selected to provide additional information concerning her unemployment insurance claim for the week of March 2, 2013. The Online Review Letter instructed Boyd-Davis that she would need to complete work search documentation online. The letter also indicated that failure to complete the online eligibility review by 5:00 p.m. on March 15, 2013, would result in the denial of her benefits.
Boyd-Davis asserts that she did not receive the Online Review Letter. When Boyd-Davis had not provided the requested information by the March 15, 2013, deadline, IDOL issued an Eligibility Determination on March 19, 2013. The Eligibility Determination indicated that Boyd-Davis had failed to complete the online eligibility review and as a result was ineligible for benefits effective March 10, 2013. Boyd-Davis filed a protest to the denial on March 27, 2013, arguing that she did not know IDOL was seeking additional information until she received the Eligibility Determination. A telephonic hearing was scheduled for April 18, 2013.
On April 1, 2013, Boyd-Davis provided the information IDOL had requested in the Online Review Letter. As soon as the requested information was provided, Boyd-Davis' benefits were reinstated for the week beginning March 31, 2013. However, benefits were not reinstated for the period of March 10 through March 30, 2013. It is undisputed that Boyd-Davis' benefits were not denied because she was ineligible; ...