Plut v. UCBR - Cmwlth. Court - October 14, 2008 - unreported memorandum decision
http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/2283CD07_10-14-08.pdf
Issue of timeliness of claimant's appeal was properly considered, even though not listed on the notice of hearing.
The referee gave claimant the option of continuing the hearing because the issue was not listed, but not the "chance to refused to decide the timeliness issue" under 34 Pa. Code101.87. http://www.pacode.com/secure/data/034/chapter101/s101.87.html.
Nonetheless, following Dilenno v. UCBR, 429 A.2d 1288 (Pa. Cmwlth 1288, 1289 (Pa. Cmwlth. 1981), the court said the timeliness of an appeal is a jurisdictional prerequisite that is always at issue, cannot be waived by the referee by the failure to list it on the notice of hearing, and can be raised by the court on its own motion at any time.
