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JOSEPH HANIN v. COMMONWEALTH PENNSYLVANIA (09/27/77)

decided: September 27, 1977.

JOSEPH HANIN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Joseph Hanin, No. B-131741.

COUNSEL

Jeffrey A. Weinstein, for petitioner.

Susan Shinkman, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

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

Author: Rogers

[ 32 Pa. Commw. Page 49]

Joseph Hanin, claimant, has appealed from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's dismissal of his appeal from a Bureau of Employment Security (Bureau) determination of ineligibility. The referee and Board dismissed the appeal on the ground that it was untimely filed. We affirm.

The Board adopted the following Findings of Fact made by the referee:

1. On November 28, 1975 the Bureau of Employment Security issued a decision (disqualifying) the claimant [on the basis that he was self-employed pursuant to Section 402(h) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P.S. ยง 802(h)].

[ 32 Pa. Commw. Page 502]

. A copy of this decision was mailed to [1926 Pine Street, Philadelphia,] the claimant['s] last known post office address on this date.

3. The notice of the decision was not returned by the postal authorities as undelivered.

4. The notice of determination contained the information that the claimant had ten (10) days from the date of the Bureau's determination in which to file an appeal if the claimant disagreed with the determination. The last day on which a valid appeal could be filed from the Bureau's decision was December 8, 1975.

5. The claimant did not file an appeal on or before December 8, 1975 but waited until January 15, ...


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