PATTON v. GATSON

No. 25814.

530 S.E.2d 167 (1999)

207 W.Va. 168

Alice R. PATTON, et al., Appellants, v. Cathy S. GATSON, Clerk of the Circuit Court of Kanawha County, the Board of Review of the West Virginia Bureau of Employment Programs, and Sexton Can Company, Inc., Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1999.

Dissenting Opinion of Chief Justice Starcher April 21, 2000.

Concurring Opinion of Justice Davis June 9, 2000.


Attorney(s) appearing for the Case

Harley O. Staggers, Jr., Esq., Staggers & Staggers, Martinsburg, West Virginia, Attorney for Appellants.

J. Oakley Seibert, Esq., Bowles Rice McDavid Graff & Love, Martinsburg, West Virginia, Attorney for Sexton Can Company, Inc.

Mary B. McLaughlin, Esq., WV Department of Employment Programs, Charleston, West Virginia, Attorney for the Board of Review of the West Virginia Bureau of Employment Programs.


PER CURIAM:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine the circumstances of a group of claimants who were denied unemployment compensation benefits because they filed their claims for benefits 9½ months after they returned to work. The claimants claim they have shown "good cause" for the late filing of their claims.

On appeal, an administrative law judge made findings of fact to the effect that the claimants had failed...

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