Obenchain v. McAlvain Construction, Inc., 143 Idaho 56

Summary

The Idaho Supreme Court affirmed the Industrial Commission's dismissal of Tom R. Obenchain's unemployment compensation appeal as untimely. The court held that Obenchain could not argue postal error for the first time on appeal because he had not presented that argument to the Commission, and his asserted inability to obtain his employment file did not legally justify the late filing.

Holdings

1. The court would not consider Obenchain's postal-error argument because he did not present it to the Industrial Commission. Appellate review is limited to the evidence, theories, and arguments presented below.
2. The Industrial Commission properly denied reconsideration because Obenchain failed to provide a legal justification for filing his appeal after the deadline.

Questions Presented

1. Whether the Industrial Commission properly dismissed Obenchain's appeal as untimely when the appeal was postmarked one day after the statutory deadline.
2. Whether the Idaho Supreme Court could consider Obenchain's argument that postal error caused the late postmark when that argument was not presented to the Industrial Commission.

Disposition

affirmed