Appellant: Susie Armstrong
Appellee: BALDOR ELECTRIC COMPANY, a Missouri corporation; THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION: and, BOARD OF REVIEW OF THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION
Jurisdiction: Court of Appeals of Oklahoma, Division No. 2
Hearing_Date: February 18, 1997
Text_of_Rule:

( Stubblefield )

Not Published

( Adair County - T. David Harris ) Monte W. Strout Tahleauah, Oklahoma

J.D. Moon Fayetteville, Arkansas

Cara S. Nicklas Oklahoma Employment Security Commission Oklahoma City, Oklahoma

MEMORANDUM OPINION

This is an appeal from orders of the district court overruling defendants' motion to dismiss and reversing the order of the Oklahoma Employment Security Commission denying unemployment benefits. Based on our review of the record on appeal and applicable law, we reverse.

This action was initiated by Plaintiff Susie Armstrong on March 11, 1991, by filing a "complaint" seeking review of the decision of the Oklahoma Employment Security Commission Board of Review. She alleged that the basis of the denial of benefits was "contrary to the published policies" of Employer Baldor Electric Company and that the Review Board improperly failed to find her termination a retaliatory discharge due to filing a workers' compensation claim.

The Oklahoma Employment Security Commission filed a special appearance objecting to jurisdiction because Plaintiff had not filed her petition seeking review within ten days from the date the Board of Review decision was mailed, as required by Citations: Unpublished Opinion No. 82,125 (1997)


Filename: m0008346