Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Constantini v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

November 8, 2017

Kathleen Constantini, Petitioner
v.
Unemployment Compensation Board of Review, Respondent

          Submitted: March 3, 2017

          BEFORE: HONORABLE P. KEVIN BROBSON, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE JOSEPH M. COSGROVE, Judge.

          OPINION

          P. KEVIN BROBSON, JUDGE [1]

         Petitioner 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).[2] We now affirm the Board's order.

         Claimant 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, [3] 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 6a-12a.)

         A 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.

         By 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 appeal.
4. A determination was issued on June 3, 2016, denying benefits.
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 determination.
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.