Whitney v. Commonwealth
Whitney v. Commonwealth
Opinion of the Court
The claimant in this interstate unemployment compensation ease left his work with Bechtel Power Corp. at Berwick, Pennsylvania, on May 30,1979, and moved to California where he made claim for unemployment benefits in July, 1979, giving, according to a box marked on his claim form “lack of work” as the reason for separation. On this form his address is recorded as 467 Belvedere Street, San Francisco. On a continued claim form filed in California for weeks in September, 1979, the claimant’s address is recorded as 494 Woodward Avenue, Pasadena. On a continued claim form for other weeks in September, 1979, his address is recorded as 1619 Bedford Lane, Newport Beach, California. On September 19, 1979, the claimant sent to the Pennsylvania Bureau of Employment Security saying that he was not retired and avising: “Until further notice please address mail to 494 Wood
The Board of Review then provided the claimant a hearing in California on the matter of the timeliness of the appeal at which the claimant appeared and testified. He testified, inter alia, that he was in possession of the referee’s decision of November 27,1979, by December 4,1979, and he gave no reason for not filing the appeal by mailing it on or before December 12, 1979.
The claimant says that the Pennsylvania compensation authorities erred in not sending the November 27, 1979, referee’s decision to the 1619 Bedford Lane, Newport Beach address because that address was provided to them in early October, 1979. On the other hand, on September 19,1979, the claimant told the Employment Security Bureau to address mail to 494 Woodward Avenue, Pasadena “until further notice.” No such further notice was received. Further, on Oc
Although our affirmance of the Board’s order is limited to the timeliness of the claimant’s appeal, we will add that we have carefully reviewed the claimant’s testimony regarding the circumstances of his leaving his employment and conclude that they do not demonstrate that his action was for causes which the law has yet said are compelling and necessitous.
Order affirmed.
Per Curiam Order
And Now, this 17th day of September, 1981, the order of the Unemployment Compensation Board of Review dated April 15,1980, is affirmed.
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