Victoria
v. UCBR – Cmwlth. Court – October 14, 2015 – unreported memorandum opinion
Because
the current status of the claimant’s case was “entirely unclear” due to
numerous and sometimes conflicting notices, the Court found “persuasive a
recent decision by this court, Walsh v. Unemployment Compensation Board of
Review, (Pa. Cmwlth., No. 1248 C.D. 2012, filed May 13, 2013), 2013 Pa.
Commw. Unpub. LEXIS 374” and held that as a result of the service center’s mishandling
of her claim, the claimant was understandably confused which led to “misstep[s]
in her attempts to navigate her way through the Service Center’s errors.”
The
court held that the circumstances constituted a breakdown in the administrative
process and allowed the claimant’s untimely appeal.10 10 See also Carr v. Unemployment Comp. Bd.
of Review, (Pa. Cmwlth., No. 662 C.D. 2014, filed December 19, 2014), 2014
Pa. Commw. Unpub. LEXIS 728 The UCSC mishandling of the claim constitutes
a breakdown in the administrative process warranting a nunc pro tunc appeal.
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An unreported
case may not be cited “binding precedent” but can be cited “for its persuasive
value. . . .” See 210 Pa. Code § 69.414 (a) and
Pa. R.A.P. 3716 [45 Pa.B. 3975; Saturday, July 25, 2015]
If the case is
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