Submitted: March 3, 2017
BEFORE: HONORABLE P. KEVIN BROBSON, Judge, HONORABLE ANNE E.
COVEY, Judge, HONORABLE JOSEPH M. COSGROVE, Judge.
KEVIN BROBSON, JUDGE 
Kathleen Constantini (Claimant), acting pro se,
petitions this Court for review of an order of the
Unemployment Compensation Board of Review (Board), dated
September 8, 2016, which affirmed a decision by a Referee,
dismissing Claimant's appeal as untimely under Section
501(e) of the Pennsylvania Unemployment Compensation Law
(Law). We now affirm the Board's order.
worked for Begley, Carlin & Mandio, LLP (Employer) from
February 27, 2012, to April 15, 2016. She voluntarily left
her employment and filed a claim for unemployment
compensation benefits on May 8, 2016. The Erie UC Service
Center issued a notice of determination, denying benefits
pursuant to Section 402(b) of the Law,  relating to
voluntarily quitting employment without cause of a
necessitous and compelling nature. (Reproduced Record (R.R.)
at 2a-3a.) The notice stated that the last day Claimant could
appeal the determination was June 20, 2016. (Id.)
Claimant did not file her appeal until June 28, 2016, after
the statutory appeal period had expired. (Id. at
Referee conducted a hearing for the purpose of determining
whether Claimant's appeal from the Notice of
Determination was timely. (Certified Record (C.R.), Item No.
13.) Claimant, unrepresented by counsel, and Employer's
counsel appeared at the hearing. By decision and order dated
July 21, 2016, the Referee dismissed Claimant's appeal.
(R.R. at 14a-15a.) Claimant then appealed to the Board.
decision and order dated September 8, 2016, the Board
affirmed the Referee's decision and dismissed
Claimant's appeal. (Id. at 21a-24a.) In doing
so, the Board issued its own findings of fact, as follows:
1. On June 1, 2016, the claimant spoke with a Department [of
Labor and Industry (Department)] representative about her
claim and how a Notice of Determination (determination) would
be issued in the near future.
2. The Department representative indicated that "if
[the] claim was denied, [the claimant] would receive a notice
explaining the reasons for the denial and then [she]
'would have 15 days to appeal this decision.'"
3. The claimant understood the Department
representative's instruction to mean that she had 15 days
from the day she received the determination, not 15 days from
the date the appeal was mailed to her, to file an
4. A determination was issued on June 3, 2016, denying
5. Unfortunately, a copy of this determination was not mailed
to the claimant at her last known post office address until
June 6, 2016.
6. The determination sent to the claimant was not returned as
undeliverable by the postal authorities and she was in
receipt of the determination on June 8, 2016.
7. The notice informed the claimant that June 20, 2016, was
the last day on which to file an appeal from this
8. Under Section 501(e) of the Law the claimant was entitled
to a 15-day appeal period from the date the notice was mailed
to file her appeal.
9. Fifteen days from June 6, 2016, is June 21, 2016.
10. The claimant admits that she read the determination
denying benefits immediately upon receipt, but put it aside
out of frustration after she saw that she was denied benefits
and never saw the appeal ...