Neupauer Unemployment Compensation Case

• Decision Date: 13 June 1962
• Parties: NEUPAUER UNEMPLOYMENT COMPENSATION CASE. Ronald J. NEUPAUER, Appellant, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.
• Court: Pennsylvania Superior Court

181 A.2d 743

198 Pa.Super. 186

NEUPAUER UNEMPLOYMENT COMPENSATION CASE.

Ronald J. NEUPAUER, Appellant, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW.

Superior Court of Pennsylvania.

June 13, 1962.

Ronald J. Neupauer, in pro. per. for appellant.

Sydney Reuben, Asst. Atty. Gen., David Stahl, Atty. Gen., Harrisburg, for appellee.

Before RHODES, P. J., and ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY and FLOOD, JJ.

WOODSIDE, Judge.

The claimant in this unemployment compensation case was denied compensation by the Bureau of Employment Security and by the Referee on the ground that he was a full time college student and therefore not available for employment. See § 401(c) and (d) of the Unemployment Compensation Law, 43 P.S. § 801(c) and (d).

The referee's decision was mailed to the appellant at his last known post office address on September 28, 1961, and it was apparently received by him. The last day for filing an appeal from the referee to the board was October 9, 1961, a Monday. See § 502 of the Unemployment Compensation Law, 43 P.S. § 822. The claimant filed his appeal on October 11, 1961. Without considering the merits, the board dismissed the appeal because it was not taken within the time provided by statute, therefore the decision of the referee had become final under § 502, supra.

The appeal provisions of the Unemployment Compensation Law are mandatory, and when no extenuating circumstances are shown, one who has failed to appeal within the time prescribed is necessarily precluded from having the case considered on its merits. Abrams Unemployment Compensation Case, 180 Pa.Super. 580, 119 A.2d 656 (1956). Something more than mere hardship is necessary to justify an extension of time for appeal. Tuttle Unemployment Compensation Case, 160 Pa.Super. 46, 49 A.2d 847 (1946).

Decision affirmed.