Opinion

Russ Unemployment Compensation Case

  • 202 Pa. Super. 436
  • 195 A.2d 841
  • 1963 Pa. Super. LEXIS 593
Court
Superior Court of Pennsylvania
Filed
Dec 12, 1963
Status
Published
Author
Flood
On the bench
Ervin, Flood, Montgomery, Rhodes, Watkins, Woodside, Wright
Cited by
0 cases
Authority
More cited than 5.6%

The opinion

Opinion by

Flood, J.,

The claimant received a notice from the Unemployment Compensation Bureau that he was ineligible for benefits because his retirement was voluntary, but failed to appeal until more than three months thereafter. Under Section 501(e) of the Act of December 5, 1936, P. L. (1937) 2897, as amended, an appeal must be taken within ten days from receipt of the notice. The claimant argues that when he applied for benefits an employe of the bureau told him that his application was premature because he had been paid in advance for thirteen weeks upon his retirement. However, he was later held ineligible for an entirely different reason and was so notified. Under this testimony we cannot reverse the finding of the referee that he was not misinformed or in any way misled regarding his right of appeal. The determination of the facts, when based upon competent testimony was for the compensation officials. Progress Manufacturing Company, Inc. v. *438 Unemployment Compensation Board of Review, 406 Pa. 163 , 176 A. 2d 632 (1962). The claim was properly dismissed under our decisions. DeVito Unemployment Compensation Case, 199 Pa. Superior Ct. 606 , 186 A. 2d 639 (1962).

Decision affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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