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FLYNN UNEMPLOYMENT COMPENSATION CASE. (04/13/60)

April 13, 1960

FLYNN UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 24, Oct. T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-54052, in re claim of Helen O. Flynn. Decision reversed and record remanded.

COUNSEL

George J. O'Neill, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 192 Pa. Super. Page 252]

OPINION BY MONTGOMERY, J.

Appellant's claim for unemployment compensation was rejected by the Bureau of Unemployment Compensation on May 15, 1959. A notice of the Bureau's action, having been mailed to her on the same day, was received by her in due course. The notice advised her of her ineligibility for compensation, the reason therefor, and her right to appeal within ten days or not later than May 25, 1959.

[ 192 Pa. Super. Page 253]

Although the appellant claims that through her counsel she initiated an appeal as early as July 1, 1959, she did not file an appeal until September 1, 1959.

The matter was thereupon referred to a referee for the limited purpose of determining whether the appeal had been filed within the ten-day period allowed by Section 501(e), Article 5 of the Unemployment Compensation Law, approved December 5, 1957, P.L. (1937) 2897, as amended (43 P.S. 821). The referee conducted a hearing and resolved the matter adversely to appellant by dismissing her appeal. His action was sustained by the Unemployment Compensation Board of Review and the appeal to this court followed.

In order to avoid the strict application of Section 501(e) aforesaid and to excuse her tardiness in filing her appeal, appellant testified before the referee that within the ten-day period allowed and before May 25, 1959, she called at the local office of the Bureau and discussed the matter of her claim and right of appeal with Mrs. Cassano, the interviewer for the Bureau, who had previously handled her claim; and she was advised by Mrs. Cassano that "she could not make an appeal" and that "she did not have a leg to stand on." Mrs. Cassano also testified before the referee and denied ever dissuading appellant or anyone else from taking an appeal and further testified, "We do not make decisions like that in the office, concerning cases." However, Mrs. Cassano did recall a visit by appellant and a conversation with her concerning her appeal but could not recall the details of that conversation.

The referee made no specific findings of fact on the issue of whether Mrs. Cassano misled appellant concerning her right of appeal; and he dismissed the appeal solely on the grounds that the formal appeal filed September 1, 1959, as well as the informal one initiated on August 14, 1959 (not July 1, ...


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