29 Pa. Commw. 249 | Pa. Commw. Ct. | 1977
Opinion by
This appeal has been taken by The Budd Company (employer) from an order of the Workmen’s Compensation Appeal Board (Board) affirming the referee’s award of benefits to Louis J. Braun (claimant) for disfigurement for 11 weeks at the rate of $114 per week and for 4 weeks at the rate of $171 per week. The employer has argued that the award was excessive and that, since the award was for disfigurement, the referee and Board improperly considered a fractured tooth which had been repaired. Since our reading of the record indicates that the employer’s appeal to this Court was not timely, we do not reach these questions in quashing the appeal sua sponte.
Section 427 of The Pennsylvania Workmen’s Compensation Act
Since the failure to bring a timely appeal is a jurisdictional matter, it may be raised sua sponte and precludes us from reaching the merits. Commonwealth v. Yorktowne Paper Mills, Inc., 419 Pa. 363, 214 A.2d 203 (1965). Therefore, we make the following
Order
And Now, this 14th day of March, 1977, the appeal of The Budd Company from the order of the Workmen’s Compensation Appeal Board dated May 11,1976, is quashed.
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §873.
The 30-day period in Section 502 of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1910, P.L. 673, 17 P.S. §211.502,
Section 406 of the Act, 77 P.S. §717.
Statutory Construction Act of'1972, 1 Pa. C.S. §1908.