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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. IDA MAE DUNOFSKY (07/30/75)

decided: July 30, 1975.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
IDA MAE DUNOFSKY, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Ida Mae Dunofsky, No. B-122345.

COUNSEL

Ida Mae Dunofsky, appellant, for herself.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

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

Author: Crumlish

[ 20 Pa. Commw. Page 545]

The sole issue which we must determine in the instant appeal is whether Ida Mae Dunofsky (Claimant), an interstate claimant filing for benefits in Massachusetts, was misled concerning her rights to appeal in Pennsylvania

[ 20 Pa. Commw. Page 546]

    with respect to an adverse determination in our state under the relevant Section 501(e) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, 43 P.S. § 821(e) which states:

"Unless the claimant or last employer or base year employer of the claimant files an appeal with the board, from the determination contained in any notice required to be furnished by the department under section five hundred and one (a), (c) and (d), within ten (10) calendar days after such notice was delivered . . . and applies for a hearing, such determination of the department, with respect to the particular facts set forth in such notice shall be final and compensation shall be paid or denied in accordance therewith."

Claimant was last employed as an interior designer in Pittsburgh from April 1972 until November 31, 1973. Her employment ceased when she voluntarily left her employment to accompany her husband to Boston where he had obtained a position. On February 21, 1974, Claimant filed an application for unemployment compensation in Boston under the Interstate Benefit System. One month later, March 21, 1974, the Interstate Claims Office of the Bureau of Employment Security issued a determination disqualifying Claimant for benefits under Section 402(b)(2), 43 P.S. § 802(b)(2) for the waiting week ending February 23, 1974, and the claim week ending March 2, 1974.

The record establishes that Claimant apparently failed to read the reverse side of the Bureau's Notice of Determination which provides for a continuing disqualification beyond the waiting and initial claim weeks and further that no appeal was filed from the Bureau determination to a referee until April 19, 1974, well beyond the ten day period provided in Section 501(e), 43 P.S. § 821(e).

We have examined Claimant's testimony before the referee and find no indication of ...


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