Claimant was entitlede to backdate his application and
claim weeks by two weeks, because of the undisputed serious medical issues of
three family members, as authorized by 34 Pa. Code
sec. 65.43a (d) and (e), which state that "If a claimant fails to file
a claim for compensation within the time allowed….for a reason listed in
subsection (e), the time for filing the claim is extended for the number of
weeks indicated in subsection (e). . . . .Sickness or death of a member of the
claimant’s immediate family or an act of God….2 weeks."
The Court rejected the UCBR's argument and interpretation
of the regulation that the sickness must have prevented the claimant
from filing.
However, the Court rejected claimant's argument that he
was entitled to 6 weeks of backdating under 34 Pa. Code sec. 65.43a (h), because
that regulation required that the claimant i) have two or more of the listed
reasons for backdating, and that ii) those reasons did prevent
claimant from filing in a timely manner. In the instant case, there was
no adequate proof that claimant was so prevented.
