Thursday, July 18, 2013

UC - backdating claims - sickness/death of family member - 34 Pa. Code 65.43a

Falcone v. UCBR – Cmwlth. Court – July 9, 2013


Claimant was entitlede to backdate his application and claim weeks by two weeks, because of the undisputed serious medical issues of three family members, as authorized by 34 Pa. Code sec. 65.43a (d) and (e), which state that "If a claimant fails to file a claim for compensation within the time allowed….for a reason listed in subsection (e), the time for filing the claim is extended for the number of weeks indicated in subsection (e). . . . .Sickness or death of a member of the claimant’s immediate family or an act of God….2 weeks."

The Court rejected the UCBR's argument and interpretation of the regulation that the sickness must have prevented the claimant from filing.

However, the Court rejected claimant's argument that he was entitled to 6 weeks of backdating under 34 Pa. Code sec. 65.43a (h), because that regulation required that the claimant i) have two or more of the listed reasons for backdating, and that ii)  those reasons did prevent claimant from filing in a timely manner.  In the instant case, there was no adequate proof that claimant was so prevented.

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