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JOSEPH FINNEY v. COMMONWEALTH PENNSYLVANIA (03/20/84)

decided: March 20, 1984.

JOSEPH FINNEY, 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 Finney, No. B-198523.

COUNSEL

Donald B. Cheetham, for petitioner.

Michael D. Alsher, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 81 Pa. Commw. Page 102]

Joseph Finney appeals an Unemployment Compensation Board of Review order dismissing his appeal nunc pro tunc. We affirm.

Finney was denied benefits*fn1 by the Office of Employment Security on February 24, 1981. He filed his appeal on March 24, 1981, well after the fifteen-day appeal period had expired. The referee found the appeal was timely filed and awarded benefits. The Board vacated the referee's decision and dismissed the claimant's appeal as untimely filed.

Finney argues that he was unable to understand the proper procedure for the filing of an appeal. He testified as to his belief that simply returning to the unemployment office and reapplying for benefits preserved his rights.*fn2

[ 81 Pa. Commw. Page 103]

The Board, in finding these facts, concluded that they did not warrant the allowance of the appeal. We agree.*fn3 Possible ignorance of the law does not

[ 81 Pa. Commw. Page 104]

    excuse a party to an action from his statutory obligation to file an appeal within ...


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