Stewart v. Unemployment Compensation Board of Review, 110719 PACCA, 435 C.D. 2019

Docket Nº:435 C.D. 2019
Opinion Judge:RENÉE COHN JUBELIRER JUDGE.
Party Name:Randy A. Stewart, Petitioner v. Unemployment Compensation Board of Review, Respondent
Judge Panel:BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge.
Case Date:November 07, 2019
Court:Commonwealth Court of Pennsylvania
 
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Randy A. Stewart, Petitioner

v.

Unemployment Compensation Board of Review, Respondent

No. 435 C.D. 2019

Commonwealth Court of Pennsylvania

November 7, 2019

OPINION NOT REPORTED

Submitted: September 27, 2019

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge.

MEMORANDUM OPINION

RENÉE COHN JUBELIRER JUDGE.

Randy A. Stewart (Claimant), pro se, petitions for review of a March 19, 2019 Order of the Unemployment Compensation (UC) Board of Review (Board) that affirmed a Referee's Decision dismissing Claimant's appeal as untimely pursuant to Section 501(e) of the UC Law (Law), 43 P.S. § 821(e).1 On appeal, Claimant argues that he had an excuse for his appeal being untimely as he was out of state for work and unable to retrieve his mail. Based on a review of the record, we affirm the Board's Order.

I.

BACKGROUND

On October 5, 2018, Claimant filed a claim for UC benefits. (Claim Record, Certified Record (C.R.) Item 1.) On October 24, 2018, the local Service Center issued a Notice of Determination, finding Claimant was ineligible for benefits under Section 402(e) of the Law, 43 P.S. § 802(e).2 (Notice of Determination, C.R. Item 4.) The local Service Center determined that Claimant failed to provide information that he lost his driver's license, which he needed for his employment with Express Employment Professionals, through no fault of his own or for good cause. The Notice of Determination expressly stated Claimant had until November 8, 2018, to file an appeal.[3]

On November 15, 2018, Claimant faxed his appeal from the Notice of Determination. (Claimant's Petition for Appeal, C.R. Item 5.) A hearing regarding the timeliness of the appeal was scheduled. At the hearing, Claimant stated he did not know he had to file by November 8, but offered no other explanation or evidence. (Hearing Transcript, C.R. Item 8.) Claimant testified as follows in response to the Referee's inquiries: R: [You're] welcome to offer your testimony as to why it was not filed by the deadline of November 8th.

C: I didn't, I did not know the exact date[] I had to file for it, so. And I, you know[, ] realized it was the 15th.

R: Anything else that you [sic] like to state only on that part of [the] case, the timeliness issue?

C: Well I just wanted to have on record of [sic] about [what] my job advise[d] and why they never found me a job.

R: That would not be relevant, because we're not getting into the merits of the case today. The only issue before me today is the late filing of the Appeal.

C: Oh, Okay.

R: Anything that you [sic] like to state in closing on that issue?

C: Well, I didn't realize the date[] I had to file for. And they told me at any time, just call in. When I first started calling in, I [] thought I [would] have no problem getting it, you know.

R: Sure. Anything else, Mr. Stewart?

C: No.

(Id. at 2.) Following the hearing, the Referee issued a Decision, determining that Claimant's appeal was not timely and none...

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