SUPERIOR COURT 
OF THE 
STATE OF DELAWARE 

Re: Olubunmi B. Obazee v. St. Francis Hospital and 
Unemployment Insurance Appeal Board 

Submitted: October 10, 2008 
Decided: November 12, 2008 

On Appeal from a Decision of the Unemployment Insurance Appeal Board 

AFFIRMED. 

Dear Ms. Obazee: 

Currently before the Court is the appeal of Olubunmi B. Obazee ("Ms. 
Obazee") from a decision of the Unemployment Insurance Appeal Board (the 
"Board"), which denied her appeal from the Appeals Referee as untimely. The 
record shows that Ms. Obazee failed to file a timely appeal to the Board 
pursuant to 19 Del. C. § 3318(c). Furthermore, the Board did not abuse its 
discretion by refusing to consider the appeal sua sponte. Therefore, the decision 
of the Board is AFFIRMED. 

I. FACTS AND PROCEDURAL HISTORY 

St. Francis Hospital employed Ms. Obazee as a certified nurse assistant 
from March 22, 2004 until August 23, 2007. On August 23, 2007, Ms. Obazee 
was suspended for three days following an incident that occurred on August 22 
with her supervisor. Ms. Obazee anticipated that St. Francis would fire her upon 
return from her suspension, and therefore she tendered her resignation letter on 
August 23, 2007. She filed a claim for unemployment benefits with the 
Division of Unemployment Insurance on September 12, 2007. The Claims 
Deputy determined that Ms. Obazee voluntarily quit without good cause 
attributable to the work as provided in 19 Del. C. § 3314(1). As a consequence 
Ms. Obazee was disqualified from the receipt of unemployment benefits.1 

Ms. Obazee filed a timely appeal to the Appeal’s Referee, who 
affirmed the decision of the Claims Deputy. The Referee’s decision was 
mailed to Ms. Obazee’s address of record on November 15, 2007. The 
front page of the decision contained instructions on how to appeal the 
Referee’s decision and clearly stated that the last day to file such an 
appeal was November 25, 2007. However, November 25, 2007 was a 
Sunday, and therefore, the last day to file an appeal was Monday, 
November 26. 

On December 6, 2007, Ms. Obazee filed an appeal from the Referee’s 
decision to the Board, explaining that she did not receive the Referee’s decision 
due to a change of address. The Board held that Ms. Obazee’s appeal was not 
filed within the ten-day limit set by 19 Del. C. § 3318(c). The Board explained 
that it had discretion to hear an appeal sua sponte in extreme circumstances; 
however, the Board declined to accept the late appeal. The Board found "no 
evidence of any error on the part of the Department which might have delayed 
the Claimant’s appeal."2 

Ms. Obazee filed the present appeal pro se in this Court on January 15, 
2007. Neither St. Francis Hospital nor the Board filed a response. 


II. STANDARD OF REVIEW 

The Supreme Court and this Court have repeatedly emphasized the 
limited appellate review of the factual findings of an administrative agency. On 
appeal from a decision of the UIAB, the appellate court is limited to a 
determination of whether there is substantial evidence in the record sufficient to 
support the Board's findings, and that such findings are free from legal error.3 
The reviewing court does not weigh the evidence, determine questions of 
credibility, or make its own factual findings.4 Absent any legal error, the 
standard of review is abuse of discretion.5 


III. DISCUSSION 

Section 3318(c) provides that a claimant has ten days to file an appeal 
from an adverse decision of the Appeals Referee to the Board.6 If a claimant 
fails to file within the statutory time frame, the Referee’s determination is final.7 
Specifically, § 3318(c) states: 

Unless the appeal is withdrawn, an appeals tribunal, after affording the 
parties reasonable opportunity for fair hearing, shall affirm, modify or reverse 
the decision of the deputy. The parties shall be duly notified of the tribunal’s 
decision, together with its reason therefore, which shall be deemed to be final 
unless within 10 days after the date of notification or mailing of such decision 
further appeal is initiated pursuant to § 3320 of this title.8 

 The record clearly supports the Board’s conclusion that Ms. 
Obazee’s appeal was untimely. The Referee mailed its decision to Ms. 
Obazee’s address of record on November 15, 2007. Ms. Obazee had until 
November 26 to appeal the decision. The claimant having failed to appeal 
on or before that deadline, the plain language of section 3318(c) requires 
this Court to find that the decision of the Referee is final. 

 In extreme circumstances, the Board may sua sponte hear an appeal 
pursuant to 19 Del. C. § 3320.9 The Board, however, exercises this 
authority "only in those cases where there has been some administrative 
error on the part of the Department of Labor which deprived the claimant 
of the opportunity to file a timely appeal, or in those cases where the 
interests of justice would not be served by inaction."10 

 Ms. Obazee has failed to point to any evidence that there was any 
error on the part of the Department of Labor in mailing the Appeals 
Referee’s decision. The decision was mailed to her address of record. It 
was Ms. Obazee’s burden to inform the Department of her new address 
when she moved.11 Furthermore, there are no circumstances that would 
require the Board to act in the "interests of justice." Therefore, the Board 
did not abuse its discretion by refusing to hear the appeal sua sponte.12 

IV. CONCLUSION 

 Ms. Obazee’s appeal to the Board was untimely filed and the Board did 
not abuse its discretion by refusing to consider the appeal sua sponte. 
Therefore, the decision of the Board is AFFIRMED. 

IT IS SO ORDERED.