Amin v. UCBR - May 2023 - unreported
https://www.pacourts.us/assets/opinions/Commonwealth/out/773CD22_5-9-23.pdf?cb=1
Section 501(e) of the UC Law provides that a party has 21 (formerly 15) days to appeal a referee’s decision to the Board. 43 P.S. § 821(e). The |
Department’s associated regulation calculates the deadline for the appeal of a UC determination from the date the decision was delivered personally or placed into the mail. 34 Pa. Code § 101.82. If an appeal is not timely filed, the determination becomes final, and the Board does not have the requisite jurisdiction to consider the matter. Hessou v. Unemployment Comp. Bd. of Rev., 942 A.2d 194, 197-98 (Pa. Cmwlth. 2008) (citing Darroch v. Unemployment Comp. Bd. of Rev., 627 A.2d 1235 (Pa. Cmwlth. 1993)). An appeal filed even one day after the appeal period is untimely. Hessou, 942 A.2d at 198 (citing Dumberth v. Unemployment Comp. Bd. of Rev., 837 A.2d 678 (Pa. Cmwlth. 2003) (en banc)). The Board may consider an untimely appeal only in limited circumstances. Hessou, 942 A.2d at 198 (citing Unemployment Comp. Bd. of Rev. v. Hart, 348 A.2d 497 (Pa. Cmwlth. 1975)). A claimant seeking to establish the right to an untimely appeal bears a heavy burden, because the statutory time limit for appeals is mandatory. Hessou, 942 A.2d at 198 (citing Blast Intermediate Unit No. |
17 v. Unemployment Comp. Bd. of Rev., 645 A.2d 447 (Pa. Cmwlth. 1994)). To satisfy his burden, a claimant must show fraudulent behavior or manifestly wrongful or negligent conduct by the administrative authority or non-negligent conduct beyond the claimant’s control that caused the delay. Hessou, 942 A.2d at 198 (citingBass v. Commonwealth, 401 A.2d 1133 (Pa. 1979)). “[F]ailure to file an appeal within fifteen days, without an adequate excuse for the late filing, mandates dismissal of the appeal.” Hessou, 942 A.2d at 198 (quoting U.S. Postal Serv. v. Unemployment Comp. Bd. of Rev., 620 A.2d 572, 573 (Pa. Cmwlth. 1993)) (additional quotation marks omitted). |
