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RAYMOND J. MILLER v. COMMONWEALTH PENNSYLVANIA (05/25/84)

decided: May 25, 1984.

RAYMOND J. MILLER, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



No. 43 W.D. Appeal Dkt. 1983, Appeal from an Order of the Commonwealth Court dated January 28, 1983, at No. 2782 D.C. 1982 which dismissed as untimely appellant's appeal from decision No. B-82-6-P-302 of the Unemployment Compensation Board of Review, Pa. Commonwealth Ct. , A.2d (1983)

COUNSEL

Robert V. Campedel, Zemprelli, Clipper & Campedel, Clairton, for appellant.

Richard L. Cole, Jr., Charles G. Hasson, Dept. of Labor & Industry, Harrisburg, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.

Author: Hutchinson

[ 505 Pa. Page 10]

OPINION OF THE COURT

Raymond J. Miller appeals by allowance an order of Commonwealth Court which quashed his petition for review of a decision of the Unemployment Compensation Board of Review (Board). The court held that Miller's petition was untimely because it was not filed within thirty (30) days of the entry of the Board's order. Commonwealth Court based its holding on its determination that Miller's petition for review was not filed in the Prothonotary's Office until three days after the final day for filing, and the petition was not accompanied by a date-stamped United States Postal Service Form 3817 evidencing the date of mailing.

While appellant's petition for review failed to comply with the requirement of the applicable appellate rule,*fn1 requiring attachment of Postal Service Form 3817 to prove timely mailing, we nevertheless reverse on the peculiar

[ 505 Pa. Page 11]

    facts of this case. Examination of Commonwealth Court's own internal records would have revealed that the petition was timely mailed, and thus timely filed. Under such limited circumstances the quashing of appellant's petition by Commonwealth Court was improper, despite the absence of Postal Service Form 3817. The periods of time set by the General Assembly for filing appeals are jurisdictional and efficient court administration requires rules permitting summary determination of whether these requirements have been met. Nevertheless, adherence to such rules prescribing the only evidence of timely mailing which will be acceptable should not result in dismissal if timeliness can be determined by reference to the internal records of the court, and petitioner's counsel can bring the relevant facts and records which show timeliness to the court's attention, without the necessity of an evidentiary hearing.

I

Appellant, a crane operator, last worked on January 15, 1982, when his employer, Mesta Machine Company, laid him off due to the closing of the plant where he was employed. Prior to his layoff, appellant had secured part-time work with a security company during a strike at Mesta. Because his prior application for part-time work was still marked "part-time" when he applied for unemployment compensation after being laid off, the Bureau of Unemployment Compensation held that appellant was not "able and available" for work and denied his claim.

Miller appealed to a referee, who affirmed the Bureau's decision. He then filed an appeal with the Unemployment Compensation Board of Review. The Board affirmed the referee's decision on August 18, 1982. Thus the last day of the 30-day period for filing a petition for review from ...


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