IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 
IN AND FOR NEW CASTLE COUNTY 
CARL FULLER : 
Petitioner : 
: C.A. No. 02A-03-007 SCD 
: 
v. : 
: 
: 
TROPICAL LABOR AND NURSING, and : 
UNEMPLOYMENT INSURANCE : 
APPEAL BOARD : 
Respondents : 
Submitted August 6, 2002 
Decided September 16, 2002 

O R D E R 

This 16th day of September 2002, upon consideration of Petitioners opening brief, 
Respondents’ answering brief, and the record in this case, it appears that: 

(1) Petitioner Carl Fuller ("Fuller") has filed an appeal from the decision of the 
Unemployment Insurance Appeal Board ("UIAB") denying a further hearing from an Appeals 
Referee decision on December 27, 2001, for Petitioners failure to timely appeal. 

(2) Fuller was employed by Tropical Labor and Nursing ("Tropical") a temporary placement 
firm, where he was placed at various nursing homes as a Certified Nursing Assistant ("CNA"). 
Fuller last worked for Tropical on Sunday, September 30, 2001, when he opted to work a shift 
originally scheduled for his wife. The following morning, Fuller arrived at Tropical to collect 
his paycheck where he refused afternoon placement stating that he would no longer work for 
under $15.00 per hour. Such a wage was not economically feasible for Tropical given current 
contracts. Tuesday, October 2, 2001, Fuller again refused placement for under $15.00 per hour 
and he has not been placed by Tropical since. 

(3) Fuller filed for unemployment benefits on October 7, 2001. A Claims Deputy found 
Fuller entitled to such benefits. Tropical appealed the decision and the matter was heard before 
an Appeals Referee on December 27, 2001. Fuller failed to appear. On December 28, 2001, the 
Appeals Referee issued a decision reversing the Claims Deputy’s finding and denying Fuller 
unemployment benefits. Fuller had until January 7, 2002 to appeal the Appeals Referee’s 
decision to the UIAB3. Petitioner did not file his appeal to the UIAB until February 20, 2002. 

(4) As a matter of statutory jurisdiction, the UIAB is precluded from accepting a late appeal. 
Further, the function of this Court on review of an UIAB decision is to determine whether the 
decision is supported by substantial evidence and is free from legal error. Substantial evidence 
is that which is relevant to a reasonable person, or that which adequately supports a reasonable 
conclusion. This Court does not weigh the evidence, determine questions of credibility, or 
make factual findings. 

(5) The record is clear. Fuller was last employed on September 30, 2001. Thereafter, on 
October 7, 2001, Fuller applied for and received unemployment benefits. Tropical appealed the 
decision on December 27, 2001, and won. Petitioner had until January 7, 2002 to appeal. The 
record shows that Fuller appealed to the UIAB on February 20, 2002, a full forty-four (44) days 
after the expiration of the statutory appeal period. 

(6) Therefore, the only issue before this court is whether the UIAB properly determined that 
Petitioner failed to appeal the Appeals Referee decision on or before January 7, 2002. The 
record clearly demonstrates Fuller’s failure to appeal timely. 
THEREFORE, the decision below is AFFIRMED. 

IT IS SO ORDERED 
______________________________ 
Judge Susan C. Del Pesco 
Original to Prothonotary 
xc: Mr. Carl Fuller 
Stephani J. Ballard, Deputy A.G. 
Delaware Department of Labor, Unemployment Insurance Appeals Board