Heck v. UCBR – Cmwlth. Court – October 19, 2020 – unreported memorandum decision**
http://www.pacourts.us/assets/opinions/Commonwealth/out/1273CD18_10-19-20.pdf?cb=1
Claimant petitions for review of an Order of the UCBR that vacated a Referee’s Decision and dismissed his appeal as untimely pursuant to Section 501(e) of the UC Law (Law), 43 P.S. § 821(e).
Claimant maintains the appeal was untimely as a result of the determinations being sent to an incorrect address, which constitutes a breakdown in the administrative process and warrants nunc pro tunc relief.
In reaching its decision, the Board relied on Section 35.173 of the General Rules of Administrative Practice and Procedure (GRAPP), 1 Pa. Code § 35.173, to take official notice of the fact that Claimant applied online for benefits, and to then attribute the incorrect address on the claim form to Claimant’s actions.
The Board, however, did not afford Claimant notice of its intent to do so, or provide Claimant the opportunity to respond as GRAPP requires. Accordingly, we vacate the Board’s Order and remand this matter for further proceedings to allow Claimant an opportunity to present any evidence that would refute the Board’s finding that Claimant was responsible for the incorrect address.
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**An unreported Commonwealth Court case can be cited for its persuasive value, even though it is not binding precedent. See 210 Pa. Code § 69.414(b) and Pa. R.A.P. 3716
