34 Pa. Code § 101.89
A copy of the decision of the tribunal shall be mailed to each party’s last known post office address or transmitted electronically, as designated by the party, including each party’s counsel or authorized agent. The decision date shall be the date the decision is posted on the Pennsylvania UC Claims System and available for viewing.
The provisions of this § 101.89 amended under section 203(d) of the Unemployment Compensation Law (43 P.S. § 763(d)) and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
The provisions of this § 101.89 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435; amended March 11, 2022, effective March 12, 2022, 52 Pa.B. 1480. Immediately preceding text appears at serial pages (259537) to (259538).
The mailing of a referee’s decision in an employment compensation case to an address with an incorrect zip code was an administrative breakdown allowing an employer to take an untimely appeal. U. S. Postal Service v. Unemployment Compensation Board, 620 A.2d 572 (Pa. Cmwlth. 1993).
Because the alleged unwritten assurance of the referee that he would issue a decision in claimant’s favor did not conform to the requirements of 34 Pa. Code § 101.88 (relating to decision on original appeal) and because there was no copy mailed to the parties as required by 34 Pa. Code § 101.89 (relating to notice of decision), there was no formal decision issued. Zinicola v. Unemployment Compensation Board of Review, 407 A.2d 474 (Pa. Cmwlth. 1979).