Kathleen Tabb v. Corning, Inc.
Charter Oak Insurance Co.
November 1, 2022
Katherine Gatti Rooks
Summary from the Troubh Heisler Attorneys
Order Dismissing Appeal- The Appellate Division dismissed the employer’s appeal because it was not filed within 20 days after receipt of notice of the filing of the decision of the ALJ. In Tabb v. Corning, Inc., Dec. No. 22-34, the panel issued an order dismissing the employer’s appeal as untimely. The employer received notice of an amended decree on September 12, 2022. The employer mailed a Notice of Appeal on the date the notice was due, October 3, 2022. It was not received by the board until October 11, 2022. The employer failed to email a copy of the notice to the Appellate Division when it mailed the notice on October 3, 2022, which was its usual practice. The employee did not object to the late filing.
The panel held that timely filing of the notice of appeal was a “mandatory precondition” to the Appellate Division’s exercise of jurisdiction. Citing 39-A M.R.S.A. 321-B(1)(A) and Me. W.C.B. Rule, ch. 13.3(2), the panel reiterated that a notice of appeal must be received by the Appellate Division or any Regional Office within 20 days after receipt of the notice of filing of the decision by the ALJ. This may be done by email. Here, the employer argued the untimely filing should be excused based on clerical error where the employer inadvertently failed to follow its usual practice of emailing the notice at the time of mailing. Because the receipt of notice was untimely, the Appellate Division dismissed the appeal.