76 Pa. Commw. 636 | Pa. Commw. Ct. | 1983
Opinion by
This is an appeal from an order of the Unemployment Compensation Board of Review (Board) which denied as untimely an appeal by Maria Rene Ferraro (Claimant) of a denial of benefits.
On December 31, 1980 the Referee found that Claimant had left her employment due to cause of a necessitous and compelling nature, therefore making
On August 21, 1981 Claimant informed the OES by letter of her desire for an appeal. Her letter was postmarked August 25, twenty-eight days after the determination by the OES, and twelve days after the time period for appeal had expired. On September 23, 1981, the Referee dismissed Claimant’s petition for appeal concluding that it was not filed within the allowed period of fifteen days from the date of the OES’s determination. The Board affirmed the Referee’s opinion on November 13, 1981. Claimant now asserts that her due process rights have been violated by denial of this appeal.
Section 501(e) of the Law, 43 P.S. §821 (e), provides, in pertinent part:
Unless the claimant ... files an appeal with the board, from the determination contained in any notice required to be furnished by the department under section five hundred and one (a), (c), and (d) within 15 calendar days after such notice was delivered to him personally, or was mailed to his last known post office address, and applies for a hearing, such determination of the department, with respect to the particular facts set forth in such notice, shall be final and compensation shall be paid or denied in accordance therewith.
Notice of denial of benefits to unemployment compensation claimants which state the last day to file an appeal therefrom and which are properly addressed and not returned by the postal authorities are presumed to be received, and a claimant’s appeal which is not filed within fifteen calendar days after notice of the action was mailed to a claimant’s last known ad
Here however, the reason for tardiness in Claimant’s request for an appeal was her own delay in notifying OES or the postal authorities of her change in address. This delay was fatal. It was through no fraud, misrepresentation or neglect of the OES that the notice did not reach Claimant and hence the appeal was not timely filed. The decision of the Board must be affirmed.
Order
Now, August 31, 1983, the order of the Unemployment Compensation Board of Review in the above referenced matter, dated November 13, 1981 is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937), as amended, 43 P.S. §801(d)(l).