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STURZEBECKER UNEMPLOYMENT COMPENSATION CASE. (04/13/61)

April 13, 1961

STURZEBECKER UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 18, March T., 1961, by claimant, from decision of Unemploument Compensation Board of Review, No. B-57971, in re claim of Samuel Sturzebecker, Sr. Decision reversed and record remanded.

COUNSEL

Samuel Sturzebecker, Sr., appellant, in propria persina.

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

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 195 Pa. Super. Page 165]

OPINION BY FLOOD, J.

This appeal raises the question of the timeliness of claimant's appeal to the referee from the denial of his unemployment compensation claim by the Bureau of Employment Security.

The notice form the bureau of the denial of his claim was mailed on April 5, 1960, calling his attention to his right to file an appeal within ten days. His appeal was not filed until April 19, 1960. It was dismissed as untimely by the referee and this decision was affirmed by the Unemployment Compensation Board.

The appellant claims that he visited the bureau on April 11th and that he left with Mr. Moore at the bureau

[ 195 Pa. Super. Page 166]

    a typewritten statement of the reasons for his separation from his employment and told him that he "hereby appealed the board's decision"; that Mr. Moore handed him an appeal from and told him to file it later; that he left the office with the impression that his appeal was perfected; that he returned on April 15th with the completed form but the office of the bureau was closed because it was Good Fridey; that he believed that it would also be closed on Saturday and on Easter Monday and returned and filed it on Tuesday, April 19th. The bureau's records indicate that an appeal from was given to him on April 12th.

He has never been represented by counsel through-out the proceedings.

Neither the referee nor the board made any findings as to any of these matters other than the general finding that the appeal was filed on April ...


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