Maryland court finds claimant failed to act with due diligence in seeking to reopen dismissed cases
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Thursday, June 25, 2020

Maryland court finds claimant failed to act with due diligence in seeking to reopen dismissed cases

By Payroll and Entitlements Editorial Staff

Five years after the claimant's appeal was dismissed for failing to call in for his appeals hearing, he filed a petition to reopen his dismissed cases claiming that he had been diagnosed as having bipolar disorder/psychotic disorders. The Board determined that the claimant had not acted with due diligence in seeking to reopen his dismissed cases and that he had not provided any medical documentation showing why he could not have participated in the telephone hearing in 2013 or responded to the dismissal order within a reasonable time period. According to the court, the claimant's petition to reopen the dismissed cases was untimely and, though he asserted that a “mental disorder” was the reason for his late appeal, he did not specifically indicate why it had prevented him from filing the petition for nearly five years. Thus, the Board’s finding that the claimant failed to act with due diligence in seeking to reopen his dismissed cases was supported by substantial evidence in the record (Jerome Burnett v. DLLR, Md. Ct. of Spec. App. (Unpub. Op.), No. 342, June 3, 2020.)..

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