B.L. Witmer v. UCBR
B.L. Witmer v. UCBR - 1214 C.D. 2016
| Pa. Commw. Ct. | May 16, 2017Background
- Claimant Brandy L. Witmer filed for unemployment benefits after leaving long-term Commonwealth employment and a short, subsequent job at GMRI, Inc.
- Department mailed a Notice of Determination on December 9, 2015, denying benefits; the notice set December 24, 2015 as the last day to appeal.
- Claimant says she did not receive the December 9 notice due to mail delivery problems; she contacted the Department on January 12, 2016 and was mailed a second copy, then filed an appeal on January 20, 2016.
- A referee dismissed the appeal as untimely after Claimant missed a March 3, 2016 hearing (she received notice of that hearing only after it occurred).
- The Board remanded for a hearing on timeliness and nonappearance, then ultimately affirmed dismissal: it found the December 9 notice was mailed to Claimant’s last known address, not returned as undeliverable, and that Claimant’s claim she did not receive the notice was not credible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Claimant's appeal timely under 43 P.S. § 821(e)? | Witmer: did not receive the Dec. 9 notice due to new mail carrier problems, so her Jan. 20 appeal should be treated as timely. | Department/Board: notice was mailed to last known address, not returned; receipt is presumed and appeal deadline expired Dec. 24. | Court: Appeal untimely. Presumption of receipt not rebutted; dismissal affirmed. |
Key Cases Cited
- Edwards v. Unemployment Compensation Board of Review, 639 A.2d 1279 (Pa. Cmwlth. 1994) (Board lacks jurisdiction over untimely appeals)
- Polakovic v. Unemployment Compensation Board of Review, 531 A.2d 852 (Pa. Cmwlth. 1987) (15-day appeal limit is mandatory absent fraud or manifestly wrongful/negligent administrative conduct)
- Blast Intermediate Unit No. 17 v. Unemployment Compensation Board of Review, 645 A.2d 447 (Pa. Cmwlth. 1994) (appellant bears heavy burden to justify untimely appeal)
- Stringent v. Unemployment Compensation Board of Review, 703 A.2d 1084 (Pa. Cmwlth. 1997) (Board is ultimate factfinder; credibility determinations not for reviewing court)
- Mihelic v. Unemployment Compensation Board of Review, 399 A.2d 825 (Pa. Cmwlth. 1979) (mailing to last known address not returned creates presumption of receipt)
- Kirkwood v. Unemployment Compensation Board of Review, 525 A.2d 841 (Pa. Cmwlth. 1987) (standard of review: constitutional error, legal error, or lack of substantial evidence on necessary findings)