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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.
