Smorto, Peduzzi & Taylor, Edward F. Peduzzi, Barnesboro, for appellant.
William L. Hammond, Sp. Deputy Atty. Gen., Robert E. Woodside, Atty. Gen., Roland M. Morgan, Associate Counsel, Harrisburg, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 169 Pa. Super. Page 159]
In this unemployment compensation case, the question is whether the claimants filed timely appeals from the decision of the referee refusing benefits to them. The Board of Review, without passing on the merits
[ 169 Pa. Super. Page 160]
of the claims, dismissed the appeals as having been taken too late.
On November 23, 1949, each of the claimants filed an appeal from the bureau's decision. The referee to whom the cases were referred, by his decision dated May 10, 1950, affirmed the decision of the bureau and denied benefits. Each of the claimants was mailed a copy of the referee's decision attached to which was a paper headed 'Notice of Referee's Decision', giving the date of the notice of the decision as May 10, 1950, and setting forth the rules relative to the procedure to be followed for further appeal.
This notice stated, inter alia: '* * * The Unemployment Compensation Law provides that an appeal may be filed by any of the parties from this decision within ten (10) days after the date of this notice. Notice of request for a further appeal should be given personally or by mail to the * * * office which rendered the original decision in this case. * * * Period for filing a request for further appeal expires on May 20, 1950, at 12:00 o'clock midnight.' (Italics supplied.)
The claimants, through their attorneys, wrote a request for further appeal and a properly addressed envelope containing such request was deposited in the post office shortly after twelve o'clock noon on Saturday, May 20, 1950. The latter was received by the Pennsylvania State Employment Service Office at Johnstown on Monday, May 22, 1950; it was, however, postmarked 5:00 p. m. May 21, 1950. The Board of Review, after a hearing, by order entered September 21, 1950, dismissed the appeals on the ground that the petitions for appeal had not been filed or postmarked within ten days of the date of the referee's decision, and from this order the claimants appeal.
The Board of Review calls to our attention section 501 of the Unemployment ...