Vashawn J. Lewis v. Southern Home Care Services, Inc., and Scott A. Adkins, in his official capacity as Acting Commissioner of WorkForce West Virginia
CourtIntermediate Court of Appeals of West Virginia
Date FiledNovember 10, 2026
Docket26-ICA-39
StatusUnpublished
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Full Opinion
IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA
VASHAWN J. LEWIS,
Claimant Below, Petitioner
v.) No. 26-ICA-39 (WorkForce W. Va. Bd. of Rev. Case No. REJ-2025-2053)
SOUTHERN HOME CARE FILED
SERVICES, INC., November 10, 2026
Employer Below, Respondent ASHLEY N. DEEM, CHIEF DEPUTY CLERK
INTERMEDIATE COURT OF APPEALS
OF WEST VIRGINIA
and
SCOTT A. ADKINS, in his official
capacity as Acting Commissioner
of WorkForce West Virginia,
Respondent
MEMORANDUM DECISION
Petitioner Vashawn J. Lewis appeals the December 29, 2025, order of the
WorkForce West Virginia Board of Review (“Board”) that affirmed the administrative law
judge’s (“ALJ”) dismissal of Mr. Lewis’ underlying appeal due to his failure to appear and
prosecute his case and for failure to show good cause for a late appeal. Respondent Scott
A. Adkins, in his official capacity as Acting Commissioner of WorkForce West Virginia
(“WorkForce”), filed a response. Mr. Lewis did not file a reply.1 Southern Home Care
Services, Inc. (“Southern Home Care”) did not participate in this appeal.
This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51-
11-4 (2026). After considering the parties’ arguments, the record on appeal, and the
applicable law, this Court finds no substantial question of law and no prejudicial error. For
the reasons set forth below, a memorandum decision affirming the Board’s decision is
appropriate under Rule 21 of the West Virginia Rules of Appellate Procedure.
Mr. Lewis was employed by Southern Home Care as a full-time caregiver. On
November 8, 2020, he applied for unemployment compensation benefits citing a lack of
work. On September 28, 2021, a WorkForce claims deputy entered a decision noting that
Southern Home Care provided information stating that Mr. Lewis was still employed full-
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Mr. Lewis is self-represented. WorkForce is represented by Kimberly A. Levy,
Esq.
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time and that Mr. Lewis failed to respond to WorkForce’s requests for additional
information. As a result, the deputy found Mr. Lewis was ineligible for unemployment
benefits because he was neither totally nor partially unemployed as defined under West
Virginia Code § 21A-1A-27 (1996). The deputy further found that Mr. Lewis had received
unemployment compensation benefits that he was not entitled to from November 12, 2020,
through June 19, 2021, totaling $9,260. The deadline to appeal this decision was October
7, 2021, but Mr. Lewis did not file his appeal until September 25, 2025, which was three
years, eleven months, and eighteen days after this deadline expired.
Mr. Lewis’ September 25, 2025, appeal stated that he had been dealing with family
issues since 2005 when Hurricane Katrina struck New Orleans, was frequently traveling
between New Orleans and West Virginia, and was unaware of the deputy’s decision. On
October 2, 2025, the chief ALJ rejected Mr. Lewis’ appeal as untimely and stated that he
failed to show good cause for his late appeal. Mr. Lewis filed a timely request for
reconsideration on October 7, 2025, stating he was in the process of getting divorced in
2020 and was not receiving his mail on a daily basis when the initial deputy’s decision was
entered. He stated that he moved out of his home, had filed a change of address at the post
office, but did not receive the deputy’s decision by the deadline. On October 8, 2025, the
chief ALJ issued a letter advising Mr. Lewis that a hearing would be scheduled to determine
whether he had good cause for filing his late appeal.
On October 17, 2025, the ALJ mailed a notice of telephonic hearing to the parties
advising them of the date of the hearing and instructions to notify the Board of a telephone
number where they may be contacted for the hearing. However, neither party contacted
WorkForce to provide their contact information as instructed. Accordingly, neither party
appeared at the October 28, 2025, telephonic hearing on the issue of whether good cause
existed for the late appeal. On November 6, 2025, the ALJ issued a written decision holding
that Mr. Lewis bore the burden of proof in this case, but he failed to appear at the October
28, 2025, hearing. As a result, the ALJ dismissed the case for failure to prosecute and held
that Mr. Lewis failed to show good cause for his late appeal.
On November 14, 2025, Mr. Lewis timely appealed the ALJ’s decision to the Board
and requested that this case be remanded for a de novo hearing before the ALJ. In that
appeal, Mr. Lewis stated he was working mandatory overtime at a new job, had not checked
his mail for a while, and was going through personal matters and financial issues which
caused him to miss the October 28, 2025, hearing. On December 29, 2025, the Board
entered an order holding that Mr. Lewis failed to provide a valid reason for not appearing
at the ALJ’s hearing and failed to show good cause to remand this case to the ALJ. The
Board further found that the ALJ properly dismissed this case, and the Board then denied
Mr. Lewis’s appeal. It is from this order that Mr. Lewis now appeals.
In this appeal, our standard of review is as follows:
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The findings of fact of the Board of Review of [WorkForce West Virginia]
are entitled to substantial deference unless a reviewing court believes the
findings are clearly wrong. If the question on review is one purely of law, no
deference is given and the standard of judicial review by the court is de novo.
Syl. Pt. 3, Adkins v. Gatson, 192 W. Va. 561, 453 S.E.2d 395 (1994).
On appeal, Mr. Lewis asserts one assignment of error and argues he did not willingly
quit his job, did not engage in misconduct, did not refuse to work, and was approved to
receive unemployment benefits during the time that he was not working. However, these
arguments concern the merits of the underlying deputy’s decision. We find that Mr. Lewis’
assignment of error is unpersuasive because the sole issue before the ALJ and the Board
was whether he showed good cause for his late appeal of the deputy’s decision. “Our
general rule is that nonjurisdictional questions. . . raised for the first time on appeal, will
not be considered.” Shaffer v. Acme Limestone Co., 206 W. Va. 333, 349 n.20, 524 S.E.2d
688, 704 n.20 (1999); see also Louk v. WorkForce W. Va., No. 23-ICA-160, 2024 WL
1733730, at *2 (W. Va. Ct. App. Apr. 22, 2024). The ALJ and the Board did not consider
evidence regarding Mr. Lewis’ separation from work, and we will not consider this
assignment of error on appeal.
Turning to the issue of whether Mr. Lewis provided good cause for his late appeal,
West Virginia Code of State Rules § 84-1-3.3 (2018) provides that “[a]ny appeal shall be
filed within eight (8) calendar days after the decision has been mailed to the claimant and
last employer as provided by W. Va. Code § 21A-7-8.” Further, West Virginia Code of
State Rules § 84-1-3.4 (2018) states as follows:
All appeals must be filed in accordance with the time periods set forth in
these rules. The postmark date is the filing date . . . . For good cause shown,
the Board or its designee may accept and process a late appeal.
Black’s Law Dictionary defines “good cause” as, “[a] legally sufficient reason” and states
that “[g]ood cause is often the burden placed on a litigant . . . to show why a request should
be granted or an action excused,” and is synonymous with the terms “good cause shown;
just cause; lawful cause; [and] sufficient cause.” Good Cause, Black’s Law Dictionary
(12th ed. 2024).
Upon review, we find that the Board was not clearly wrong in finding that Mr. Lewis
did not provide good cause for his late appeal of the deputy’s decision. Mr. Lewis filed his
appeal three years, eleven months, and eighteen days after the appeal deadline expired and
his reasoning was that he had been dealing with family issues since 2005 when Hurricane
Katrina struck New Orleans, was unaware of the deputy’s decision, was in the process of
getting divorced in 2020, and was not receiving or checking his mail on a daily basis. We
find no clear error in the Board’s findings that these reasons do not support a finding of
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good cause. Further, it appears that Mr. Lewis did receive multiple communications from
WorkForce because he timely appealed several decisions and all communications from
WorkForce were addressed to the same Charleston, West Virginia address. Further, it is
well established by our Supreme Court of Appeals that “a letter properly addressed,
stamped, and mailed is presumed to have been duly delivered to the addressee.” Dunn v.
Watson, 211 W. Va. 418, 421, 566 S.E.2d 305, 308 (2002). Thus, we find that the Board
did not err in affirming the ALJ’s decision that Mr. Lewis failed to demonstrate good cause
for his late appeal.
Accordingly, we affirm the Board’s December 29, 2025, order.
Affirmed.
ISSUED: November 10, 2026
CONCURRED IN BY:
Chief Judge Daniel W. Greear
Judge Charles O. Lorensen
Judge S. Ryan White
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