Wright v. Unemployment Compensation Board of Review

Summary

The Commonwealth Court of Pennsylvania reviewed whether Isaac J. Wright timely appealed a determination denying unemployment compensation benefits. The court held that the Unemployment Compensation Board of Review capriciously disregarded competent evidence that Wright faxed his appeal on July 9, 2010, before the filing deadline, and reversed and remanded for consideration of the employer's appeal on the merits.

Holdings

1. The Board capriciously disregarded competent evidence by ignoring the unrebutted testimony and supporting records showing that Wright transmitted his appeal by fax on July 9, 2010.
2. Wright timely filed his appeal because the evidence credited by the referee established that his fax appeal was transmitted and received on July 9, 2010, before the July 13 deadline.

Questions Presented

1. Whether the Board erred by finding Wright's appeal untimely based solely on the August 11, 2010 date stamp on a later copy of the appeal.
2. Whether the Board capriciously disregarded competent, unrebutted evidence that Wright's appeal was successfully transmitted and received by fax on July 9, 2010.
3. Whether Wright's July 9, 2010 fax constituted a timely appeal under 34 Pa. Code § 101.82(b)(3).

Disposition

reversed_and_remanded