Bagell v. Commonwealth, Unemployment Compensation Board of Review
Bagell v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
David Bagell appeals a decision of the Unemployment Compensation Board of Review affirming the dismissal of his claim for failure to file a timely appeal. We affirm.
On April 6, 1979, the Office of Employment Security ruled that Bagell was ineligible to receive benefits under Section 402(h) of the Unemployment Com
On May 2,1979, the Office issued a corrected determination ruling that Bagell’s fault overpayment was $1,776. A copy of this determination was mailed to Bagell which erroneously designated April 23, 1979, as the final date for filing an appeal. Bagell appealed the fault overpayment on October 29, 1979.
Bagell asserts that he shouldn’t be time barred because it was the Office’s negligence which caused his late filing. He argues that he would have timely filed if it hadn’t been for the confusion which resulted when the Office sent a determination notice which designated a final appeal date prior in time to the notice’s actual postmark. We find no merit in this argument.
We note with considerable interest that Bagell failed to take any steps to appeal the Office’s initial determination dated April 6, 1979.
Affirmed.
The decision of the Unemployment Compensation Board of Review dated February 5, 1980, dismissing David Bagell’s appeal for failure to timely appeal is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937), 2897, as amended, 43 P.S. §802 (b).
Bagell testified that he placed a phone call to the compensation authorities seeking information concerning the appeal process. However, the record fails to substantiate when and to whom the call was made.
Concurring in Part
Concurring and Dissenting Opinion by
I wish to concur in the result only.
Inasmuch as the claimant’s appeal was untimely because he did not file it until many months after any possible date of appeal considered here had elapsed, we do not reach the question of whether or not April 23, 1979 was the last day of appeal. It seems to me, however, that the majority opinion, after stating that the notice of May 2,1979 erroneously designated April 23, 1979 as the final date for filing an appeal, subsequently seems to indicate that the April 6, 1979 notice, with its April 23, 1979 filing deadline, is controlling.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.