United States Postal Service v. Unemployment Insurance Appeals Board

Plaintiff employer has appealed from a judgment of the superior court which denied its petition for writ of mandate (Code Civ. Proc., § 1094.5). It sought review of a decision of defendant appeals board, which summarily reversed a finding of a referee that the employer had good cause for filing a late appeal from an original departmental determination that denied the employer’s objection to the granting of benefits to an ex-employee.

The employer contends that the decision of the appeals board that the employer had not shown good cause for extending the period in which to file an appeal was a prejudicial abuse of discretion, and, also, in the light of existing precedent, a denial of equal protection of the laws. We find that the appeals board abused its discretion, and that the trial court should issue a writ of mandate directing the appeals board to hear the employee’s appeal on the merits.

The facts are admitted by the pleadings and are evidenced by the administrative record, including the uncontradicted testimony of the employer’s attorney before the referee who heard the employer’s áppeal from the original determination.

On April 28, 1973, the employer issued a…