Ploof v. Department of Employment & Training

No. 94-178 (Vt. Sup. Ct. Mar. 22, 1995) ; Clearinghouse Number: 50713

Description

Vermont Supreme Court Remands Case to Determine if Claimant Could Not File Timely Appeal Because of Mental Disability

Abstract

The Vermont Supreme Court has reversed the Employment Security Board’s determination that claimant did not file a timely appeal of the referee’s decision denying him unemployment benefits. Claimant is functionally illiterate and has been diagnosed with borderline intellectual functioning. Unable to read and comprehend the notice denying him benefits, he missed the appeal deadline in his unemployment case by seven days. Finding that the deadline was jurisdictional, the Employment Security Board dismissed claimant’s appeal. On appeal to the supreme court, claimant argued that the appeal deadline should be equitably tolled due to his mental impairment. The supreme court reversed and remanded because no factual findings had been made regarding claimant’s mental impairment and whether a reasonable accommodation should have been made. On remand, the court directed the board to determine whether claimant’s mental condition prevented him from understanding that he had a right to appeal, and how to pursue that appeal, or entitled him to federal statutory protections under section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

Additional Information

Attorney Information
Appellant represented by Lila Shapero, Vermont Legal Aid, 264 N. Winooski Ave., Burlington, VT 05402, (802) 863-5620.
Docket Date
1995-03-22 00:00:00+00:00