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MICHAEL DEMCIO v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (DEMCIO UNEMPLOYMENT COMPENSATION CASE.) (01/14/55)

January 14, 1955

MICHAEL DEMCIO, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (DEMCIO UNEMPLOYMENT COMPENSATION CASE.)



Appeal, No. 308, Oct. T., 1954, by claimant, from decision of Unemployment Compensation Board of Review, dated July 9, 1954, decision No. B-36997, in re claim of Michael Demcio. Decision affirmed.

COUNSEL

Michael Demcio, appellant, in propria persona.

William L. Hammond, Special Deputy Attorney General, with him Frank F. Truscott, Attorney General, for appellee.

Before Rhodes, P.j., Ross, Gunther, Wright, Woodside and Ervin, JJ. (hirt, J., absent).

Author: Ross

[ 177 Pa. Super. Page 299]

OPINION BY ROSS, J.,

In this unemployment compensation case, the bureau denied benefits to the claimant, Michael Demcio, on the ground that he left his employment without good cause and therefore was disqualified for benefits under Section 402 (b) of the Unemployment Compensation Law. The bureau decision was dated April 4, 1954, and, on April 7, 1954, claimant filed his petition for appeal to the referee who affirmed the bureau by a decision dated May 7, 1954. On May 26, 1954, claimant filed his petition for appeal from the decision of the referee. The Board, after taking testimony, dismissed

[ 177 Pa. Super. Page 300]

    claimant's appeal for the reason that it was not filed within ten days after the date of the referee's decision. Claimant has appealed to this Court.

Section 502 of the Unemployment Compensation Law (43 PS § 822), provides, inter alia: "The parties and the department shall be duly notified of the referee's decision, and the reasons therefor, which shall be deemed the final decision of the board, unless within ten days after the date of such decision the board acts on its own motion, or upon application, permits any of the parties or the department to institute a further appeal before the board." Section 501 (e) of the law (43 PS § 821 (e)) deals with appeals from determinations of the department to the referee and provides that such determinations shall be final unless an appeal is filed within ten days after notice thereof.

Claimant was mailed a copy of the decision of the bureau, on the reverse side of which appeared notice that the determination would become final unless an appeal was filed within ten days from the date of the decision. Following this notice, the claimant secured and completed the proper form to perfect his appeal to the referee.

The referee decided against claimant, as hereinabove stated, and along with notice of this decision the claimant received the following information:

"This decision becomes final ten (10) days after the mailing date hereof, as indicated in the attached decision, unless a further ...


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