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IZORA GADSDEN v. COMMONWEALTH PENNSYLVANIA (08/07/84)

decided: August 7, 1984.

IZORA GADSDEN, 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 Izora Gadsden, No. B-218267.

COUNSEL

Terry L. Fromson, with him, David Weintraub, for petitioner.

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

Judges Rogers, Colins and Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 84 Pa. Commw. Page 376]

This unemployment compensation claimant appeals from an order of the Unemployment Compensation Board of Review (board) affirming a referee's dismissal of the claimant's appeal from a denial of benefits due to her failure to appear at a referee's hearing.

The claimant's principal argument is that she did not attend the referee's hearing because of a lack of notice, that is, that the referee's Notice of Hearing was mailed to an incorrect address. The claimant also contends that, had she been afforded an opportunity to be heard, she would have presented evidence that would preclude a finding of disqualifying conduct on her part.

On February 24, 1983, the date on which the Office of Employment Security (OES) denied the claimant's application for benefits,*fn1 the claimant resided at

[ 84 Pa. Commw. Page 3778633]

Gilbert Street, Philadelphia. Shortly thereafter, she moved her residence to 3559 North Marvine Street, Philadelphia, and on March 7, 1983, on which date the claimant filed a Petition for Appeal from the unfavorable OES determination, she mistakenly wrote as her new address on the petition "3553 No. Marvine St." The claimant alleges that, on her next signing date, March 14, 1983, she realized her mistake and advised OES of the correct address. However, the referee's Notice of Hearing, which was mailed on March 17, 1983, was mailed to "3553 No. Marvine St.," the incorrect address, and the claimant asserts that she never received this notice.

The referee dismissed the claimant's appeal due to her nonappearance at the March 30, 1983 hearing. On the claimant's Petition for Appeal to the board, filed in late April, 1983, which contains her correct address, she stated as her reason for appealing that "I did not receive a written notice of the hearing date." She did not explain on the petition that the notice of the referee's hearing had been mailed to the incorrect address and there is no evidence in the record that the board appreciated this circumstance. The claimant was unrepresented by counsel at that and at all times prior to her appeal to this Court. As noted, the board affirmed the referee's dismissal of the claimant's appeal.

34 Pa. Code ยง 101.53 provides:

Mailing of any notices, orders, or decisions of a referee, or of the Board to the parties at their last known addresses as furnished by the parties to the referee, the Board, or the Department, shall constitute ...


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