Wednesday, January 28, 2015

UC - appeal - time - no postmark



 


 

Appeal dismissed as untimely where the

 

            - envelope was not postmarked

 

            - appeal was received at UCBR one day beyond appeal deadline.

 

Relevant statute is 43 PS sec.  821(e), which makes a determination final, unless an appeal is filed “within fifteen calendar days after” service of the notice of determination.   The relevant regulation, 34 Pa. Code 101.82(b)(1), makes the appeal date the date of receipt at the Board, if the appeal is filed by US Mail and the envelope does not bear any postmark.

 

The court said that it “appreciate[d] the logic of the Claimant’s argument”* that the appeal must have been mailed on or before the 15th day, since it was received by the UCBR on the 16th day, but that it had to follow the regulation, citing cases.   
 


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* Cold comfort.


The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent."    210 Pa. Code 69.414.

 

If the case is not recent, the link in this posting may not work.  In that case, search for the case by name and date on Westlaw, Lexis, Google Scholar, or the court website http://www.pacourts.us/courts/supreme-court/court-opinions/

 

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