Thursday, June 11, 2015

admin. law - late appeal - non-negligent circumstances


In re J.K. – Cmwlth. Court – June 10, 2015

 


 

On appeal from finding of indicated report of child abuse, unrebutted testimony of claimant’s attorney about inability to perfect appeal within applicable time because of medical emergency was sufficient to establish non-negligent circumstances permitting late appeal, under Bass v. Cmwlth, 401 A.2d 1133 (Pa. 1979) and its progency.

 

DPW erred in requiring attorney to present other evidence to support his testimony, when that testimony was neither challenged nor discredited

 

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