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Bashinsky v. Unemployment Comp. Bd. of Rev.

Pennsylvania Commonwealth Court

February 24, 2021

In Bashinsky v. Unemployment Comp. Bd. of Rev., Claimant sought review of an adjudication of the Unemployment Compensation Board of Review (Board), which affirmed the Referee’s decision to dismiss Claimant’s appeal as untimely under Section 501(e) of the Unemployment Compensation Law, 43 P.S. § 821(e). The Pennsylvania Commonwealth Court reversed. The issue was whether the evidence supported the Board’s finding that Claimant received a timely notice of determination of ineligibility. The Commonwealth Court noted that there was evidence introduced that Claimant contacted the Unemployment Compensation Service Center and requested an update on his claim. This rebutted the presumption that Claimant received the notice of determination and was evidence that he did not receive the notice. Thus, Claimant demonstrated a breakdown in the administrative process, entitling him to an appeal nunc pro tunc.

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