Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Joseph Duffy, No. B-125056.
Stuart R. Lundy, with him Silvers & Aronstein, for appellant.
Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Mencer.
Joseph Duffy (Duffy) filed for unemployment compensation benefits and, on November 6, 1974, received from the Bureau of Employment Security a written Notice of Determination, dated and mailed November 4, 1974. This Notice of Determination denied Duffy benefits and, on November 15, 1974, he filed an appeal from this determination with the Unemployment Compensation Board of Review (Board).
Section 501(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 821(e), states:
"(e) 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 to him personally, or was mailed to his last known post office address, 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."
Statutory requirements for the perfecting of an appeal are jurisdictional. Luckenbach v. Luckenbach, 443 Pa. 417, 281 A.2d 169 (1971); Commonwealth v. Yorktowne Paper Mills, Inc., 419 Pa. 363, 214 A.2d 203 (1965). Duffy offered the following record explanation for his failure to file his appeal on or prior to November 14, 1974:
REFEREE: "Up in the upper right hand corner beside your name is a right of appeal. You see it here.
And, it says: 'If you disagreed with this determination, you should ask the local office interviewer for an explanation. If you are not dissatisfied [ sic ] with the explanation, you may appeal. If you wish to file an appeal, you must do so, and this is underlined, within 10 days from the date shown above.' Now. That meant that you ...