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UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA v. DONALD F. HART (12/08/75)

decided: December 8, 1975.

UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA
v.
DONALD F. HART, SR., APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Donald F. Hart, Sr., No. B-123552.

COUNSEL

Peter J. Pinnola, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Mencer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 22 Pa. Commw. Page 226]

In this appeal, Donald F. Hart, Sr. (claimant) contests an order of the Unemployment Compensation Board of Review (Board) denying, as untimely, his appeal from a referee's adverse ruling on the merits of his petition for unemployment compensation.

The record reveals that on Friday, June 7, 1974, a referee's decision, which denied claimant's petition for benefits, was mailed to claimant at his Philadelphia address. On Wednesday, June 19, 1974, twelve days later, claimant filed an appeal to the Board from that decision. That appeal was therefore filed two days beyond the tenday limitation on appeals established by Section 502 of the Unemployment Compensation Law.*fn1

Claimant has conceded before this Court and before the Board the untimeliness of his appeal. Nevertheless, he has urged us to permit his appeal because he was allegedly misled by the wrongful conduct of the administrative authorities. We note that the law does provide for a waiver of the limitation period if a claimant presents adequate excuse for his delay. See Gill Unemployment Compensation Case, 165 Pa. Superior Ct. 605, 70 A.2d 422 (1950). However, claimants carry a heavy burden in these cases and are required to prove more than mere hardship. Proof of fraud or its equivalent, i.e., wrongful or negligent conduct of the administrative authorities, is required. Kitchell v. Unemployment Compensation Board of Review, 9 Pa. Commonwealth Ct. 149, 305 A.2d 728 (1973).

After a hearing on the claimant's allegations of administrative wrongful conduct, the Board issued the following findings of fact in support of its decision:

"1. On June 7, 1974, the Referee issued a decision which denied benefits to the claimant under Section 402(e) of the Law.

[ 22 Pa. Commw. Page 227]

"2. A copy of this decision was mailed to the claimant at his address of record with the Bureau and was received by the claimant within the statutory appeal period.

"3. Instructions accompanying the decision informed the claimant that he had until June 17, ...


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