Carson Helicopters, Inc. v. Unemployment Compensation Board of Review

Summary

The Commonwealth Court of Pennsylvania held that an employer's appeal from a referee's unemployment compensation decision was timely. The court found that the referee's incorrect mailing date created an administrative breakdown and that the appeal, filed before the corrected statutory deadline, should not have been dismissed; it reversed and remanded for consideration of the merits.

Holdings

1. Employer's appeal was timely because the referee's stated October 24 mailing date was impossible and the appeal filed on November 9 was received before the earliest possible statutory deadline.
2. Postmark evidence may be relied upon to correct an obvious notation error in the mailing date on a referee's decision and to establish the correct appeal deadline.
3. The Board erred by dismissing Employer's appeal as untimely; the matter must be remanded for consideration of the merits of the appeal.

Questions Presented

1. Whether Employer's appeal to the Unemployment Compensation Board of Review was timely when the referee's decision contained an obviously erroneous mailing date.
2. Whether the postmarked envelope and other official records established the correct mailing date and appeal deadline.
3. Whether the Board erred in dismissing Employer's appeal as untimely rather than considering the merits.

Disposition

reversed_and_remanded