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MARILYN MIHORDIN v. COMMONWEALTH PENNSYLVANIA (03/02/84)

decided: March 2, 1984.

MARILYN MIHORDIN, 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 Marilyn Mihordin, No. B-205648.

COUNSEL

Anthony Perfilio, Rodgers, Perfilio, Heiman & Sewinsky, P.C., for petitioner.

Richard F. Faux, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Craig, Doyle and Colins, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 80 Pa. Commw. Page 570]

In this unemployment compensation case, the claimant, Marilyn Mihordin, has appealed from a decision of the Unemployment Compensation Board of Review, which affirmed a referee's decision concluding that the claimant's appeals from two adverse decisions of the Office of Employment Security were untimely. 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, requires each

[ 80 Pa. Commw. Page 571]

    claimant to file such an appeal "within fifteen calendar days after such notice [of an adverse decision of the department] was delivered to him personally, or was mailed to his last known post office address. . . ."

Because the filing date of the claimant's appeal unquestionably was February 19, 1982, the issue is whether there was substantial evidence to support the referee's finding that February 3, sixteen days earlier, was the decision notice mailing date which started the fifteen-day appeal period, where the only evidence on the point consisted of the decision notices themselves, each of which contained the following:

(1) At the upper right-hand corner, the legend: "The Last Day to File an Appeal from this Determination is 02-18-82;"

(2) Immediately below that, a box containing a typed "X," immediately to the left of the word "Mailed;" and

(3) At the bottom of the notice, to the right of the word "Date," the numbers "2-3-82," appearing immediately to the right of the signature of the departmental official

Additional appeal instructions at the bottom of the form make clear that a mailed appeal must be postmarked on or before the last day to appeal as ...


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