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GEORGE W. MOYER v. CITY POTTSVILLE (05/20/74)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: May 20, 1974.

GEORGE W. MOYER, APPELLANT,
v.
CITY OF POTTSVILLE, WEST END HOSE COMPANY NO. 7, U.S. FIDELITY & GUARANTY COMPANY, INSURANCE CARRIER, AND WORKMEN'S COMPENSATION APPEAL BOARD, APPELLEES

Appeal from the Order of the Workmen's Compensation Appeal Board, in case of George W. Moyer v. City of Pottsville and West End Hose Company No. 7, No. A-66881.

COUNSEL

Donald D. Dolbin, with him Cyrus Palmer Dolbin, for appellant.

Joseph A. McKenna, with him Williamson, Friedberg & Jones, for appellee, City of Pottsville.

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

Author: Crumlish

[ 13 Pa. Commw. Page 504]

This appeal is from an order of the Workmen's Compensation Appeal Board reversing a Referee's grant of

[ 13 Pa. Commw. Page 505]

    compensation to George W. Moyer (Moyer) under Section 104 of the Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 22, which allows compensation to volunteer firemen under limited circumstances. The decision of the Board was dated September 27, 1973, and mailed to the parties thereto the same day. Moyer filed his appeal with this Court on October 16, 1973, the last day of the twenty day appeal period available to him under the 1972 amendment to Section 427 of the Act, 77 P.S. §§ 873, 874.*fn1 See George General v. E. Roseman Co., 10 Pa. Commonwealth Ct. 569, 312 A.2d 609 (1973) (wherein we held that mailing of the Board's decision constituted service, starting the running of the twenty day appeal period, but receipt of the appeal of this Court constituted filing of the appeal). Although his appeal was timely filed, Moyer did not file exceptions to the Board's order until October 26, 1973. This Court recently held in Annette Phillips v. Workmen's Compensation Appeal Board, 10 Pa. Commonwealth Ct. 521, 311 A.2d 175 (1973) that Section 427 requires that both the appeal itself and exceptions be filed within twenty days of service of notice of the Board's decision in order to perfect an appeal to this Court.

As the record in this case reveals that Moyer's appeal was not perfected within the twenty day appeal period, and an extension of the above time limitation

[ 13 Pa. Commw. Page 506]

    has neither been applied for nor granted, we are without jurisdiction in this matter, and therefore must quash the appeal sua sponte.

Order

Now, this 20th day of May, 1974, the appeal of George W. Moyer is hereby dismissed.

Disposition

Appeal dismissed.


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