75 Pa. Commw. 116 | Pa. Commw. Ct. | 1983
Opinion by
Leo Walker appeals an Unemployment Compensation Board of Review order dismissing as untimely
On July 29,1980, a referee issued a decision denying Walker’e benefits claim; a copy of the de,cisión, accompanied by notice that he had fifteen days to file an appeal with the Board,
Walker here argues that the Board’s decision must be reversed because it does not reach the merits of the extenuating-circumstances claim. We agree. An untimely appeal may be allowed where the untimelineiss is not the result of the negligence of the appellant. See, e.g.: Bass v. Commonwealth, 485 Pa. 256, 401 A.2d 1133 (1979); Perry v. Unemployment Compensation Board of Review, 74 Pa. Commonwealth Ct. 388, 459 A.2d 1342 (1983); Tony Grande, Inc. v. Workmen’s Compensation Appeal Board, 71 Pa. Commonwealth Ct. 566, 455 A.2d 299 (1983). Thus, we must remand for findings of the reasons for the delayed filing. See, e.g., Dick v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 285, 417 A.2d 841 (1980).
Order
The Unemployment Compensation Board of Review order in No. B-UQSE-80-99-A-750, dated May 29, 1981, is hereby reversed and this matter is remanded to the Board for further proceedings not inconsistent with this Opinion. Jurisdiction relinquished.
Section 502 iof 'the Unemployment Compensation Daw, Act of December 5, 1936, Second Ex. Sess., P.D. (1937), as amended, 43 P.S. §822, sets a fifteen-day appeal period.
Because of our disposition of this matter, we find it unnecessary to address the otter issues raised by Walker.