COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 72935 MARSCIA ZACCARIA : Plaintiff-Appellee : ACCELERATED DOCKET : : JOURNAL ENTRY vs. : : AND OHIO BUREAU OF EMPLOYMENT : SERVICES : OPINION Defendant-Appellant : : PER CURIAM DATE OF ANNOUNCEMENT APRIL 23, 1998 OF DECISION: CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CV-299466 JUDGMENT: Reversed and Remanded. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: MARK FELBER, ESQ. CHARLETT BUNDY, ESQ. 1030 Leader Building Assistant Attorney General 526 Superior Avenue 615 W. Superior Avenue, 12th Fl. Cleveland, Ohio 44114 Cleveland, Ohio 44113-1899 -2- PER CURIAM: This is an accelerated appeal under App.R. 11.1, which by its nature imports that our decision in this appeal will be in brief, conclusory form. Crawford v. Eastland Shopping Mall Assn.(1983), 11 Ohio App.3d 158. We, therefore, conclude the following assigned errors are well taken, and we reverse the trial court's decision: I. THE CUYAHOGA COUNTY COMMON PLEAS COURT ERRED IN FAILING TO RULE ON THE ISSUE OF WHETHER CLAIMANT TIMELY FILED A REQUEST FOR RECONSIDERATION CONSISTENT WITH THE CONDITIONS SET FORTH IN R.C. 4141.28(G)(1) WHERE RESOLUTION OF SUCH ISSUE VESTS THE COURT WITH JURISDICTION TO DECIDE OTHER ASPECTS OF THE CASE. II. THE CUYAHOGA COUNTY COMMON PLEAS COURT ERRED IN MAKING FACTUAL DETERMINATIONS ABOUT CLAIMANT'S ABILITY TO REPAY FEDERAL UNEMPLOYMENT BENEFITS CLAIMANT HAD RECEIVED BUT TO WHICH SHE WAS NOT ENTITLED WHERE SUCH ISSUE WAS NOT RIPE FOR REVIEW. Appellant Ohio Bureau of Employment Services (OBES) by its Administrator granted appellee Marscia Zaccaria unemployment compensation benefits after determining she was discharged from her job with Marotta Montessori School for no just cause. Marotta asked the Administrator to reconsider. The Administrator denied Marotta's request and affirmed the award of benefits to Zaccaria. Marotta requested further reconsideration of the award and on this request the Board of Review granted Marotta's reconsideration on the grounds that Zaccaria quit her job. Zaccaria, on April 8, 1994, filed a request for reconsideration. On August 2, 1994, her appeal request was denied. On September 4, 1994, the decision of the OBES became final. On -3- October 3, 1994, the Administrator issued an overpayment order. Zaccaria had 21 days to appeal this order. Zaccaria, however, filed her appeal on December 9, 1994. Her excuse for the late filing was that she was extremely busy and had a new job. The Board of Review concluded that her appeal was untimely and affirmed its earlier ruling that she quit. OBES ordered her to repay the overpayment of $9,207.00. The trial court on her appeal disagreed and issued an order forgiving the overpayment. A trial court may reverse decisions of the Unemployment Compensation Board of Review only when such decision is unlawful, unreasonable, or against the manifest weight of the evidence. Tzangas, Plakas v. Adm'r. (1995), 73 Ohio St.3d 694. See also, Irvine v. Unemployment Comp. Bd. Of Review (1985), 19 Ohio St.3d 15. In administrative appeals to the courts, our duty is to determine whether the decision of the board is supported by the evidence in the record. Irvine, supra, citing Kilgore v. Bd. of Review (1965), 2 Ohio App.2d 69, 71. According to 4141.28(G)(1), a party may request a reconsideration of the Board's determination, if a written request is submitted within twenty-one [21] calendar days after the notice was mailed to [the party's] last known address. The overwhelming weight of evidence shows that Zaccaria's appeal was untimely filed and that her excuse was unacceptable. The Board of Review concluded the Administrator's notice was mailed October 3, 1994 and the 21 day period lapsed on October 24, 1994. Zaccaria filed her notice on December 9, 1994 offering as an excuse -4- that she was busy and had a new job. Based on these facts, we conclude the trial court erred. Zaccaria's appeal to the Board of Review was untimely. Judgment reversed and remanded. -5- This cause is reversed and remanded for further proceedings consistent with the opinion herein. It is ordered that appellant recover of appellee its costs herein taxed. It is ordered that a special mandate issue out of this Court directing said court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate procedure. PATRICIA ANN BLACKMON ADMINISTRATIVE JUDGE JOHN T. PATTON, JUDGE JAMES D. SWEENEY, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the .