Wright v. Unemployment Compensation Board of Review
2011 Pa. Commw. LEXIS 607
| Pa. Commw. Ct. | 2011Background
- NOD denying benefits issued June 28, 2010; last day to appeal was July 13, 2010, with fax filing rules described in the NOD.
- Claimant allegedly filed a timely fax appeal July 9, 2010; proof included Claimant's testimony, Sender’s testimony, and an after-the-fact MetTel transmission log, plus an accountant’s letter.
- Board record later shows an August 11, 2010 receipt of an appeal copy, accompanied by an accountant’s statement; Referee found July 9, 2010 filing timely.
- Employer did not present timely-tampering evidence; hearing focused on timeliness; UC Center did not testify.
- Board later ruled the appeal untimely based on the August 11, 2010 document; Referee decision awarding benefits was reversed on timeliness grounds.
- Pennsylvania Commonwealth Court reversed the Board, held July 9, 2010 appeal timely under 34 Pa.Code § 101.82, and remanded for merits review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of fax appeal under §101.82(b)(3) | Wright timely filed July 9, 2010. | Board properly deemed August 11, 2010 copy as untimely filing. | Claimant timely filed by fax July 9, 2010; Board erred. |
| Board's disregard of Referee credibility findings | Record supported July 9, 2010 filing; Referee credibility should be respected. | Board could disregard credibility; absence of July 9 document in Board record justifies untimeliness. | Board capriciously disregarded competent evidence; remand for merits. |
| Effect of missing July 9 document in Board record | July 9 appeal existed and was timely; absence in Board record is not proof of non-receipt. | Board record completeness controls filing date; August 11 copy supports late filing. | Record shows July 9 filing; cannot rely on August 11 copy to dismiss timely appeal. |
Key Cases Cited
- Russo v. Unemployment Compensation Bd. of Review, 13 A.3d 1000 (Pa. Cmwlth. 2010) (Board may credit referee credibility; timely filing remains central)
- Cumberland Valley Animal Shelter v. Unemployment Compensation Bd. of Review, 881 A.2d 10 (Pa. Cmwlth. 2005) (absence of original envelope may be explained by referee; timing determined by hearing evidence)
- Mountain Home Beagle Media v. Unemployment Compensation Bd. of Review, 955 A.2d 484 (Pa. Cmwlth. 2008) (fax confirmation sheets' reliability; caution against overreliance)