Bowens v. Administrator, Unemployment Compensation Act

Summary

The Connecticut Appellate Court reviewed an administrative appeal involving the denial of a late motion to open an unemployment compensation referee’s decision. The court held that the Superior Court exceeded the limited scope of judicial review by making factual findings outside the certified record and substituting its judgment for that of the administrative board. The judgment was reversed, and judgment was directed for the defendant.

Holdings

1. The Superior Court exceeded its limited scope of judicial review by finding facts beyond the certified administrative record and relying on those findings in reviewing the Board's decision.
2. On the controlling factual findings in the certified record, the Board did not act unreasonably, arbitrarily, illegally, or in abuse of its discretion in affirming the referee's denial of Bowens's motion to open.
3. The Board did not improperly refuse to consider Bowens's medical documents; it determined that she had not shown good cause for submitting them belatedly and that, even if considered, they would not excuse the lengthy delay in filing the motion to open.

Questions Presented

1. Whether the Superior Court exceeded the limited scope of judicial review by finding facts outside the certified administrative record.
2. Whether the Superior Court improperly substituted its judgment for that of the Board of Review when it remanded for reconsideration of Bowens's late motion to open.
3. Whether, on the factual findings contained in the certified record, the Board acted unreasonably, arbitrarily, illegally, or in abuse of its discretion in affirming denial of the motion to open.
4. Whether the Board improperly refused to consider medical documents offered belatedly by Bowens.

Disposition

reversed_and_remanded