Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Karen K. McTamney, No. 156133.
Joseph L. DiTomo, Jr., for petitioner.
Charles G. Hasson, Assistant Attorney General, with him, Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.
Judges Blatt, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr.
[ 51 Pa. Commw. Page 337]
Petitioner Karen K. McTamney appeals from the determination of the Unemployment Compensation Board of Review that her appeal from the denial of benefits by the Bureau of Employment Security*fn1 was untimely filed. The Board's order affirmed the referee's decision to dismiss her appeal on that basis.
The petitioner was terminated as a substitute school teacher. On July 6, 1977 she filed for unemployment benefits. The Bureau of Employment Security determined that she was ineligible for benefits, with written notification of that determination being issued and mailed on August 17, 1977. Ms. McTamney's appeal from that determination was not filed until September 7, 1977, more than twenty days after the notice was mailed.
The referee and the Board concluded that the petitioner's appeal from the Bureau's determination was untimely, under 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). Section 501(e) provides:
[ 51 Pa. Commw. Page 338]
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 fifteen 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.
At the referee's hearing, Ms. McTamney testified that she never received the August 17, 1977 notice of determination from the Bureau, stating that she had experienced mail delivery problems. The referee found that the mailed notice of determination had not been returned by the postal authorities as undelivered. The referee also found that the Bureau had not misled the petitioner concerning her right to appeal.
The requirements of Section 501(e) are mandatory in the absence of fraud or manifestly wrongful or negligent conduct by administrative officials. Stein v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 488, 379 A.2d 1076 (1977); Unemployment Compensation ...