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CONNIE M. OSBORNE v. COMMONWEALTH PENNSYLVANIA (03/18/82)

decided: March 18, 1982.

CONNIE M. OSBORNE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Connie M. Osborne, No. B-180666.

COUNSEL

Jeffrey Ledbetter, with him Charles A. Bierbach, for petitioner.

William J. Kennedy, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Mencer, Blatt and Doyle, sitting at a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 65 Pa. Commw. Page 379]

This is an appeal by Connie M. Osborne (Claimant) from a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits pursuant to Section 402(b)(1) of the Unemployment Compensation Law (Law)*fn1 and the establishment of a non-fault, recoupable overpayment under Section 804(b).*fn2 We affirm.

The facts herein are undisputed. Claimant filed for, and received, unemployment compensation benefits for the weeks ending August 11, 1979, through October 13, 1979. Because of inadequate earnings on two subsequent jobs,*fn3 Claimant's chargeable employer for the purpose of receipt of these benefits was Empire Kosher Poultry Company (Empire) whose employ she had left on July 9, 1979. On October 23, 1979, the Bureau (now Office) of Employment Security issued a determination denying benefits to Claimant. Claimant disputed this denial and a referee's hearing was held. Following the hearing, the referee issued a decision upholding

[ 65 Pa. Commw. Page 380]

    the benefits denial on the grounds that Claimant had voluntarily quit her job at Empire without cause of a necessitous and compelling nature. Since Claimant had not misinformed or misled the compensation authorities in order to receive the benefits paid up until the October 23, 1979, denial, the referee also determined that the establishment of a non-fault recoupable overpayment was proper. Claimant appealed and the Board, without taking any new evidence, issued a decision affirming the referee.

Before this Court, Claimant does not challenge the findings of fact below or the holding that she voluntarily quit her employment with Empire. Instead, she asserts that it was improper for the Board to use the circumstances of her separation from employment with Empire as the basis for denying benefits in the benefits year in question because Empire failed to file a timely appeal of the initial benefits payments. We disagree.

Section 501(e) of the Law*fn4 provides that

[u]nless 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 ...


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