Friday, November 14, 2008

UC- appeal - timeliness

Carson Helicopters v. UCBR - Cmwlth. Court - November 14, 2008

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/253CD08_11-14-08.pdf

Employer should have been granted permission to appeal nunc pro tunc where the referee decision was erroneously dated 5 days prior to the date of the actual referee. Both dates were listed on the Referee Decision. In addition, the Board should have accepted the employer's hearsay testimony at the hearing, because it was corroborated by official documents - the referee decision and envelope in which it was mailed.

Moreover, under any state of facts, it is uncontroverted that the Board received Employer’s appeal before the statutory 15-day deadline had expired. "The Board’s conduct in this manner was not only sloppy but shocking in its disregard of its statutory responsibilities."

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