Monday, July 22, 2019

UC - late appeal - nunc pro tunc allowed - postal authorities

Bankers Like & Casualty v. UCBR – reported, precedential opinion – June 27, 2019

Held:  Employer permitted to appeal nunc pro tunc where there was an administrative breakdown by postal authorities, and:

  • Envelope containing employer appeal had illegible postmark
  • Appellant’s attorney testified w/o contravention that appeal was timely mailed
  • Appeal was returned, mistakenly marked undeliverable and unable to forward
  • Attorney then promptly filed another petition for appeal to the Board

The court relied on Bass v. Commonwealth, 401 A.2d 1133 (Pa. 1979) and Cook v. Unemployment Compensation Board of Review, 671 A.2d 1130 (Pa. 1996) in granting a nunc pro tunc appeal, holding that “[w]e must conclude that Attorney Weissman’s uncontroverted testimony, along with the documentation which he produced, while insufficient under the law to prove timely mailing, did establish that an administrative breakdown by the postal service caused the untimely appeal, and satisfies all the necessary elements to permit the filing of the appeal nunc pro tunc.”