88 Pa. Commw. 297 | Pa. Commw. Ct. | 1985
Opinion by
Carl C. Staten, Claimant, appeals here a decision and order of the Unemployment Compensation Board of Review (Board) dismissing his appeal because it was not timely filed.
Section 502 of the Unemployment Compensation Law
. . . The parties and the department shall be duly notified of the referee’s decision and the reasons thereof, which shall be deemed the final decision of the board, unless an appeal is filed therefrom, within fifteen days after the date of such decision [or] the board acts on its own motion, to review the decision of the referee. . . .
Claimant argues on appeal that he was ill-advised and misinformed by an Office staff person and, consequently, did not file an appeal from the adverse determination of the referee within the mandatory fifteen-day time limit. It was not until he returned to the office and spoke with another staff person that he filed an appeal five days beyond the final date appeal was permitted.
It is well-settled that the statutory time limit for filing an appeal is mandatory in the absence of fraud, i.e., wrongful or negligent conduct of the administrative authorities. Strawley v. Unemployment Compensation Board of Review, 25 Pa. Commonwealth Ct. 34, 358 A.2d 145 (1976). We note that the law does provide for a waiver of the limitation period if a claimant presents adequate excuse for his delay; however, the claimant carries a heavy burden in such cases and is required to prove more than mere hardship; indeed, proof of fraud or its equivalent of the administrative authorities is required. Unemployment Compensation Board of Review v. Hart, 22 Pa. Commonwealth Ct. 225, 348 A.2d 497 (1975).
Although the Board Secretary mailed the customary letter requesting that the Claimant advise the Board whether he wished to attend a hearing to offer testimony on the validity of the further appeal, Claimant failed to reply. Therefore, because Claimant failed
Order
Now, March 21, 1985, the order of the Unemployment Compensation Board of Review, No. B-214442, dated February 3, 1983, is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §822.