Wednesday, April 01, 2009

UC - petition for review - statement of objections

Shimp v. UCBR - Cmwlth. Court - March 30, 2009 - unreported memorandum decision

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/1798CD08_3-31-09.pdf

The pro se form petition for review stated that the "Board of Review should be reversed because (You must state with specificity why you believe the Board is in error)." Claimant did not make any allegation here but just attached a postal proof of mailing.

Claimant's failure to raise any allegation of error regarding the Board’s decision in the petition for review was a waiver and violated Pa.R.A.P. 1513(d), since there was no "general statement of the objections to the order or other determination." See Werner v. Zazyczny, 545 Pa. 570, 681 A.2d 1331 (1996) (Commonwealth Court was correct in refusing to consider issues not fairly comprised from objections raised in petition for review); Jimoh v. UCBR, 902 A.2d 608 (Pa. Cmwlth. 2006) (issue not raised in the stated objections in the petition for review nor “fairly comprised therein” is waived and will not be addressed by this Court); Tyler v. UCBR, 591 A.2d 1164 (Pa. Cmwlth. 1991) (same).

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