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Ferretti Unemployment Compensation Case

Ferretti Unemployment Comp. Case, 171 A.2d 594 (Pa. Super. Ct. 1961)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
June 15, 1961
Docket
Nos. , No. 59
Judges
Ervin, Flood, Montgomery, Rhodes, Watkins, Woodside, Wright
Citations
171 A.2d 594195 Pa. Super. 2341961 Pa. Super. LEXIS 619
Cited by 8

Opinion of the Court — Woodside

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Opinion by Woodside, J.,

The referee decided against the claimant in this unemployment compensation case. His decision was mailed to the claimant on October 18, 1960. The last day for filing an appeal from the referee to the Unemployment Compensation Board of Review was Friday, October 28,1960. See §502 of the Unemployment Compensation Law of 1936, as amended, 43 P.S. §822. The claimant filed his appeal Monday, October 31, 1960. The board dismissed the appeal as not having been timely filed. The claimant appealed to this Court, where he argued only the merits of the case.

As a general rule, where an act of assembly fixes the time within which an appeal may be taken, courts have no power to extend the time, or to allow the act to be done at a later day as a matter of indulgence. Tuttle Unemployment Compensation Case, 160 Pa. Superior Ct. 46 , 49 A. 2d 847 (1946).

*236 We have held many times that the appeal provisions of the Unemployment Compensation Law are mandatory, and that an aggrieved party may not appeal after the time prescribed, unless he can prove that he was deprived of his right of appeal by fraud or its equivalent, i.e., wrongful or negligent conduct of the administrative authorities. Turner Unemployment Compensation Case, 163 Pa. Superior Ct. 168 , 60 A. 2d 583 (1948); Abrams Unemployment Compensation Case, 180 Pa. Superior Ct. 580 , 119 A. 2d 656 (1956); Bee Unemployment Compensation Case, 180 Pa. Superior Ct. 231 , 119 A. 2d 558 (1956) ; Marshall Unemployment Compensation Case, 177 Pa. Superior Ct. 259 , 111 A. 2d 165 (1955) ; Hood Unemployment Compensation Case, 193 Pa. Superior Ct. 88 , 163 A. 2d 896 (1960).

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1973: 11974: 11975: 21977: 11978: 11980: 11981: 119732026peak 1975 · 2

Relies on it most ⓘ

  1. Unemployment Compensation Board of Review of Commonwealth v. Hart348 A.2d 497 (Pa. Commw. Ct. 1975)
  2. Kitchell v. Unemployment Compensation Board of Review305 A.2d 728 (Pa. Commw. Ct. 1973)
  3. Berry v. Commonwealth382 A.2d 487 (Pa. Commw. Ct. 1978)
  4. Sanabria v. Commonwealth317 A.2d 56 (Pa. Commw. Ct. 1974)
  5. Berry v. COM., UNEMP. COMP. BD. OF REV.411 A.2d 1198 (Pa. 1980)
  6. Unemployment Compensation Board of Review of the Commonwealth v. Buongiovanni345 A.2d 783 (Pa. Commw. Ct. 1975)

Most recent

  1. Fonseca v. Commonwealth, Unemployment Compensation Board of Review429 A.2d 1286 (Pa. Commw. Ct. 1981)
  2. Berry v. COM., UNEMP. COMP. BD. OF REV.411 A.2d 1198 (Pa. 1980)
  3. Berry v. Commonwealth382 A.2d 487 (Pa. Commw. Ct. 1978)
  4. Banks v. Unemployment Compensation Board of Review370 A.2d 1234 (Pa. Commw. Ct. 1977)
  5. Unemployment Compensation Board of Review of Commonwealth v. Hart348 A.2d 497 (Pa. Commw. Ct. 1975)
  6. Unemployment Compensation Board of Review of the Commonwealth v. Buongiovanni345 A.2d 783 (Pa. Commw. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Tuttle Unemployment Comp. Case, 49 A.2d 847 (Pa. Super. Ct. 1946) 25
Turner v. Unemployment Comp. Bd. of Review, 60 A.2d 583 (Pa. Super. Ct. 1948) 20
Bee Unemployment Comp. Case, 119 A.2d 558 (Pa. Super. Ct. 1956) 16
Marshall Unemployment Comp. Case, 111 A.2d 165 (Pa. Super. Ct. 1955) 14
Abrams Unemployment Comp. Case, 119 A.2d 656 (Pa. Super. Ct. 1956) 12
Hood Unemployment Comp. Case, 163 A.2d 896 (Pa. Super. Ct. 1960) 2

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