Gibson V. Unemployment Insurance Appeals Board

When a claims interviewer denied plaintiff's (hereinafter petitioner) application  for unemployment benefits, petitioner asked an attorney to appeal that decision to a referee. Due to a mistake in calendaring, the attorney filed the appeal three days after the expiration of the ten-day period provided by Unemployment Insurance Code section 1328. Although both section 1328 and Unemployment Insurance Appeals Board rule 5028 permit extension of the 10-day period for "good cause,"*fn1 the Unemployment  Insurance Appeals Board has developed a narrow and rigid rule that no error of an applicant or his counsel, no matter how reasonable or excusable, can constitute "good cause."*fn2 Applying this rule, the referee and board dismissed petitioner's appeal. The superior court, relying on the administrative practice of the board, refused mandamus; petitioner appeals from that judgment.