Opinion
October 1, 1953.
November 11, 1953.
Appeals — Timeliness — Appeal from decision of referee or board in unemployment compensation proceeding — Unemployment Compensation Law.
The period prescribed for appeal under § 510 of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897 (which provides that every appeal to the Superior Court must be taken within thirty days after the decision of the referee or board becomes final), may not be judicially extended or obviated.
Before RHODES, P.J., HIRT, RENO, ROSS and GUNTHER, JJ.
Appeal, No. 123, April T., 1953, by claimant, from decision of Unemployment Compensation Board of Review dated April 21, 1953, Decision No. B-33197, in case of Ernest Haile v. Unemployment Compensation Board of Review. Appeal quashed.
Willard C. Hetzel, for appellant.
William L. Hammond, Special Deputy Attorney General, for appellee.
WOODSIDE, J., took no part in the consideration or decision of this case.
Reporter's Note: Judge WOODSIDE took no part in the determination of this, as well as a number of other cases before the Superior Court during his first few months on the Bench, because as Attorney General he had been in some way associated with the case. He is not participating in the determining of any case in which (1) the appeal was taken to this Court from any Department, Board or Commission of this Commonwealth while he was Attorney General whether he had any personal knowledge of the case or not; (2) the appeal involves a prosecution or action which was initiated by the Pennsylvania Department of Justice while he was Attorney General; (3) the appeal involves a case which was pending before any Department, Board or Commission of this Commonwealth while he was Attorney General and in which he personally participated by consultation with his deputies or otherwise.
Argued October 1, 1953.
Claimant in this unemployment compensation case was laid off by his employer on December 12, 1952. On December 23, 1952, claimant filed an application for compensation, and received benefit payments. He refused a referral. The compensation authorities found that he did not have good cause for refusing the offer, and that the work was suitable within the meaning of section 402(a) of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897, as amended, 43 P. S. § 802, which provides: "An employe shall be ineligible for compensation for any week — (a) In which his unemployment is due to failure, without good cause, . . . to accept suitable work when offered to him by the employment office . . ."
The claimant appealed on June 4, 1953, to this Court from the decision of the Board of Review. The Board filed a motion to dismiss pursuant to Rule 48 of this Court setting forth that the appeal was not filed within the period fixed by the statute. Section 510 of the Law, 43 P. S. § 830, sets forth: "Every appeal to the Superior Court must be taken within thirty days after the decision of the referee or board becomes final."
On April 21, 1953, the Board had filed its decision affirming the referee's disallowance of benefits. The decision of the Board became final on May 1, 1953. Claimant did not take and perfect the appeal to this Court by filing appeal petition in the office of the prothonotary until June 4, 1953, which was more than thirty days after the decision of the Board became final, and consequently after the period for appeal had expired. Department of Labor and Industry v. Unemployment Compensation Board of Review, 138 Pa. Super. 99, 10 A.2d 56. See, also, Tuttle Unemployment Compensation Case, 160 Pa. Super. 46, 49 A.2d 847; Turner Unemployment Compensation Case, 163 Pa. Super. 168, 60 A.2d 583; Von Kaenel Unemployment Compensation Case, 163 Pa. Super. 173, 60 A.2d 586.
The statutorily prescribed period for appeal to this Court from the decision of the Board may not be judicially extended or obviated.
We might add that on the merits the evidence supported the findings of the compensation authorities and the disallowance of compensation.
Appeal is quashed.