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GEORGE GENERAL v. E. ROSEMAN CO. (11/20/73)

decided: November 20, 1973.

GEORGE GENERAL, APPELLANT,
v.
E. ROSEMAN CO., COAL OPERATOR'S CASUALTY CO., INSURANCE CARRIER, AND WORKMEN'S COMPENSATION APPEAL BOARD, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of George General v. E. Roseman Company and Coal Operator's Casualty Company, Insurance Carrier, No. A-16620.

COUNSEL

Gerald J. Haas, for appellant.

Walter J. Thimby, Jr., with him Elmer C. Schmoyer and LaBrum and Doak, for appellees.

Judges Kramer, Wilkinson, Jr. and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 10 Pa. Commw. Page 570]

This is an appeal by George General (General) from an order of the Workmen's Compensation Appeal Board (Board) dated February 15, 1973. The Board awarded General compensation, but it also credited the employer and insurance company for monies paid by way of a settlement in conjunction with a prior stipulated termination of compensation. General's sole contention on appeal concerns the propriety of giving the employer credit for the monies so paid in light of the prohibitions found in Section 407 of The Pennsylvania Workmen's Compensation Act (hereinafter Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 731.

Unfortunately, a careful perusal of the record indicates that General's appeal is not timely filed. Section 427 of the Act, 77 P.S. § 873, provides: "Such appeal must in all cases be brought within twenty days after notice of the action of the board has been served upon such party, unless the Commonwealth Court, shall, upon cause shown, extend the time herein provided for

[ 10 Pa. Commw. Page 571]

    taking the appeal."*fn1 This is not a case where an extension of time was requested.

The Board's order in this case was filed on February 15, 1973. The relevant docket entries and letters of notice to the parties from the Board indicate that said notice also was mailed on February 15, 1973. Section 406 of the Act, 77 P.S. § 717, in pertinent part reads: "All notices and copies to which any parties shall be entitled under the provisions of this article shall be served by mail, or in such manner as the department shall direct. For the purposes of this article any notice or copy shall be deemed served on the date when mailed, properly stamped and addressed, and shall be presumed to have reached the party to be served. . . ."

The proper method of computing any statutory period of time is found in Section 1908 of the Statutory Construction Act of 1972, Act of November 25, 1970, P.L. 707, as amended, 1 Pa. S. § 1908.*fn2 The law is quite clear that such calculations exclude the first day and include the last day.

Using the statutory guidelines, the last day on which General could file an appeal was ...


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