Carney v. Unemployment Comp. Bd. of Review
181 A.3d 1286
Pa. Commw. Ct.2018Background
- Department issued a UC determination (Nov 10, 2016) disqualifying Claimant, finding an overpayment, and imposing penalties; the notice stated the final appeal day was Nov 28, 2016.
- Claimant received the determination but mailed his appeal on Dec 1, 2016, after the 15-day deadline in Section 501(e).
- A referee held a hearing limited to timeliness; Claimant testified he failed to notice the deadline and was distracted by becoming a father and starting a business.
- The referee dismissed the appeal as untimely; the Board affirmed, finding Claimant’s reasons insufficient to excuse the late filing and concluding it lacked jurisdiction over the merits.
- Claimant petitioned for review to this Court, arguing his late appeal was excusable due to distraction and missed notice of the deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant’s untimely appeal may be excused | Carney: missed the deadline on the notice and was distracted by new child and starting a business, so lateness is excusable | Board/Dept: statutory 15-day limit is jurisdictional; Claimant’s reasons do not meet exception standards | Appeal untimely; excuses insufficient; Board lacked jurisdiction to hear merits |
Key Cases Cited
- Russo v. Unemployment Comp. Bd. of Review, 13 A.3d 1000 (Pa. Cmwlth. 2010) (time limit for statutory appeal is mandatory and jurisdictional)
- Blast Intermediate Unit No. 17 v. Unemployment Comp. Bd. of Review, 645 A.2d 447 (Pa. Cmwlth. 1994) (heavy burden to show exception for late appeal)
- Reed v. Unemployment Comp. Bd. of Review, 406 A.2d 852 (Pa. Cmwlth. 1979) (failure to notice appeal deadline is not a non-negligent excuse)
- Delaney v. Unemployment Comp. Bd. of Review, 368 A.2d 1351 (Pa. Cmwlth. 1977) (same: not noticing deadline insufficient)
- Constantini v. Unemployment Comp. Bd. of Review, 173 A.3d 838 (Pa. Cmwlth. 2017) (life pressures and distractions do not excuse untimely appeal)
- Johns v. Unemployment Comp. Bd. of Review, 87 A.3d 1006 (Pa. Cmwlth. 2014) (standard of appellate review for Board decisions)