Tuesday, May 12, 2009

UC - appeal - filing by email - timeliness

Roman-Hutchinson v. UCBR - May 11, 2009 - Cmwlth. Court

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/2112CD08_5-11-09.pdf

Appeal sent by e-mail which was not received until after the appeal deadline was not timely.

The risk of non-delivery of an e-mail appeal is on the appellant, 34 Pa. Code §101.82(b)(4)

The "common law 'mailbox rule', which provides that the depositing in the post office of a properly addressed letter with prepaid postage raises a natural presumption that the letter reached its destination by due course of mail, does not apply to appeals sent by e-mail. Under the “mailbox rule,” evidence that a letter has been mailed ordinarily will be sufficient to permit a fact finder to find that the letter was, in fact, received by the party to whom it was addressed.

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