Opinion
No. 75-404
Decided November 19, 1975.
Unemployment compensation — Appeal — From decision of Board of Review — Notice of appeal — Filing requirements jurisdictional.
APPEAL from the Court of Appeals for Hamilton County.
On October 5, 1973, appellant's claim for unemployment compensation was denied by the Unemployment Compensation Board of Review. On October 30, 1973, appellant filed his notice of appeal from that decision with the Court of Common Pleas of Hamilton County. He did not, however, file his notice of appeal with the Board of Review until February 1974.
In the Court of Common Pleas, appellees moved to dismiss the appeal for the reason that no notice of appeal was filed within 30 days with the Board of Review as required by R.C. 4141.28(0). The Court of Common Pleas granted the motion and dismissed the appeal.
Appellant's appeal to the Court of Appeals resulted in an affirmance of that judgment.
The cause is before this court pursuant to the allowance of a motion to certify the record.
Messrs. Boyd, Wyler McKew and Mr. William S. Wyler, for appellant.
Mr. William J. Brown, attorney general, and Mr. Richard H. Lippert, for appellees.
As pertinent to this case, R.C. 4141.28(0) provides:
"Any interested party may, within thirty days after notice of the decision of the board was mailed to the last known post office address of all interested parties, appeal from the decision of the board to the Court of Common Pleas * * *. Such appeal shall be taken within such thirty days by the appellant by filing a notice of appeal with the clerk of the Court of Common Pleas, with the board, and upon all appellees by registered mail to their last known post office address. * * * Proof of the filing of such notice with the board shall be filed with the clerk. * * *"
Appellant admits that no notice of appeal was sent to the Board of Review within the 30 days required by R.C. 4141.28(0). He contends, however, that the 30-day filing requirement with the board is non-jurisdictional.
In Zier v. Bureau of Unemployment Compensation (1949), 151 Ohio St. 123, this court held such 30-day filing requirement to be jurisdictional:
"An appeal from a decision of the Unemployment Compensation Board of Review to the Court of Common Pleas is authorized by * * * [R.C. 4141.28], if perfected by filing a notice of appeal with the clerk of such court and with the board of review within thirty days of the mailing of notice of the decision of the board to the parties. * * * Compliance with these specific and mandatory requirements governing the filing of such notice is essential to invoke jurisdiction of the Court of Common Pleas. * * *" (Emphasis added.)
Here, appellant did not file his notice of appeal with the board within 30 days of the time the board's decision was mailed. The Court of Common Pleas did not, therefore, acquire jurisdiction, and its dismissal of the attempted appeal of appellant was correct.
The judgment of the Court of Appeals, affirming the judgment of the Court of Common Pleas, is affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.