J.C. Gisler v. Unemployment Compensation Board of Review

Summary

The Commonwealth Court of Pennsylvania affirmed the Unemployment Compensation Board of Review’s dismissal of Joanne C. Gisler’s appeal as untimely under Section 501(e) of the Pennsylvania Unemployment Compensation Law. The court held that Gisler failed to establish fraud, an administrative breakdown, or non-negligent conduct warranting nunc pro tunc relief.

Holdings

1. Substantial evidence supported the Board's finding that Gisler received the notice of determination and understood that April 1, 2019, was the deadline for appeal.
2. The fifteen-day appeal period under Section 501(e) of the Unemployment Compensation Law is mandatory and jurisdictional. Gisler was not entitled to a nunc pro tunc appeal because she failed to prove that fraud, an administrative breakdown, or non-negligent conduct beyond her control caused the delay.

Questions Presented

1. Whether substantial evidence supported the Board's finding that Gisler received the notice of determination and understood the appeal deadline.
2. Whether Gisler established fraud, an administrative breakdown, or non-negligent conduct beyond her control sufficient to permit a nunc pro tunc appeal from the untimely unemployment-compensation appeal.

Disposition

affirmed