Kentucky court lacked jurisdiction where claimant raised key issue for the first time on appeal
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Friday, July 30, 2021

Kentucky court lacked jurisdiction where claimant raised key issue for the first time on appeal

By Payroll and Entitlements Editorial Staff

The claimant appealed the referee's decision denying him benefits one day after the deadline. The complaint was dismissed because he failed to file it within the prescribed 20-day statutory period. The claimant raised an equitable estoppel argument, alleging that the Commission misled him as to the timing of any appeal, but this issue was raised for the first time before the appellate court. The circuit court did not rule on the issue of equitable estoppel and, as a result, the court of appeals was without the authority to make such a ruling on appeal. The appellate court discerned no error and affirmed the circuit court's ruling affirming the denial of benefits (Ricco Powell v. KUIC and Zenith Logistics, Inc., Ky. Ct. of App. (Unpub. Op.), No. 2020-CA-0833-MR, June 11, 2021).

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