Background
Richard Walker worked as a custodian for Delta County School District 50J. After the district discharged him, a Division of Unemployment Insurance deputy determined that he was disqualified from benefits because he failed to meet established job-performance standards.
Walker appealed, but a hearing officer reached the same conclusion and mailed its decision on February 3, 2026. The decision advised Walker that he had 20 calendar days to appeal to the Industrial Claim Appeals Office. Walker filed his appeal on February 25, two days after the February 23 deadline.
The Panel asked Walker to explain the late filing and gave him until March 9 to respond. He did not respond, and the Panel dismissed the appeal because he had not shown good cause for filing late.
The Court’s Holding
The Colorado Court of Appeals affirmed. The Panel may consider an untimely appeal only if it finds good cause, and it has discretion to weigh the applicable factors in making that determination.
Walker’s appellate argument appeared to challenge the underlying determination that he was disqualified from benefits. But the Panel had not reached that merits issue; it addressed only whether Walker had good cause for his late appeal. Because Walker neither explained the delay to the Panel nor presented a reason for it on review, he failed to preserve an argument the court could review.
Key Takeaways
- An unemployment claimant must appeal a hearing officer’s decision to the Panel within 20 calendar days of notice.
- The Panel may excuse a late appeal only upon a showing of good cause.
- An appellate court reviews the Panel’s decision, not issues the Panel never reached.
Why It Matters
The decision underscores that even a short filing delay can end administrative review when the claimant does not provide a timely explanation supporting good cause. Parties should respond promptly when an agency requests information about an untimely appeal.