Appeal from the Order of the Unemployment Compensation Board of Review, in the case of In Re: Claim of Richard L. Moss, No. B-268445.
Gregory S. Rubin, with him, Thomas T. Loder, Rubin & Associates, for petitioner.
Clifford F. Blaze, Deputy Chief Counsel, for respondent.
Judges Craig and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Craig.
[ 125 Pa. Commw. Page 467]
Richard L. Moss appeals from a decision of the Unemployment Compensation Board of Review that affirmed a referee's dismissal of his request for a hearing on the grounds that his appeal was untimely. We affirm.
The board based its decision on its own findings of fact, as follows:
1. On April 11, 1988, the Office of Employment Security issued a determination denying benefits to the claimant.
2. A copy of this determination was mailed to the claimant at his last known post office address on the same date.
3. The notice informed the claimant that April 26, 1988, was the last day on which to file an appeal from this determination.
4. The claimant did not file an appeal on or before April 26, 1988, but waited until April 27, 1988, before filing an appeal.
5. The claimant was not misinformed or misled by the local office concerning his rights to appeal.
Mr. Moss argues that section 501(e) of the Pennsylvania Unemployment Compensation Law*fn1 and Administrative Rule 101.82(d)*fn2 ...