Constantini v. UCBR – Cmwlth. Court –
November 8, 2017
Held:
Claimant not entitled to late appeal nunc
pro tunc where she admitted having put aside notice of determination—out of
frustraton with an adverse decision—and not examining it closely until the
appeal time had passed.
NOTE:
I think claimant was properly denied a late appeal in this case. Even so, the case is disturbing because the Notice
of Determination was dated June 3 but not mailed until June 6. Although claimant was not granted a late
appeal, the Court noted that appeal date “should have been June 21”—one day later
than the date on the Notice (June 20). The claimant did not file her appeal until
June 28, five days after speaking with a Department rep., who advised her to
file an appeal.
