Friday, November 10, 2017

UC - late appeal - claimant negligence

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.