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JOSEPH P. DELANEY v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA. JOSEPH P. DELANEY (02/04/77)

decided: February 4, 1977.

JOSEPH P. DELANEY
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA. JOSEPH P. DELANEY, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Joseph P. Delaney, No. B-129361.

COUNSEL

Eugene F. Brazil, for appellant.

Daniel R. Schuckers, 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.

Author: Mencer

[ 28 Pa. Commw. Page 454]

Joseph P. Delaney (Delaney) filed for unemployment compensation benefits and received from the Bureau of Employment Security a written Notice of Determination, dated and mailed September 5, 1975. This Notice of Determination informed Delaney that his application for benefits was disapproved and, on September 17, 1975, he filed an appeal from this determination with the Unemployment Compensation Board of Review (Board).

[ 28 Pa. Commw. Page 455]

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. ยง 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 accorddance 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). Delaney offered the following record explanation for his failure to file his appeal on or prior to September 15, 1975:

By the Referee:

Q. Why didn't you contact them within the ten days as specified in the notice?

A. I received the notice. However, before that, when I went over on September 3rd they told me my petition had been denied. However, I was to be interviewed but due to the fact that I got there at 3:30 instead of 1:30 the interviewers had gone home. When I got the notice of ...


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