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Walthour v. Unemployment Comp. Bd. of Rev.

Pennsylvania Commonwealth Court

May 12, 2022

The Pennsylvania Commonwealth Court vacated the Unemployment Compensation Board of Review’s order dismissing Claimant’s appeal of the denial of her request to backdate her application for benefits as untimely under Section 501(e) of the Unemployment Compensation Law. Claimant stated that she delayed filing her initial claim because she did not know she could file for anything, and she used all her sick and vacation time. The Referee found that Claimant’s appeal of the notice of determination was untimely, and that Claimant did not participate in the hearing to address her delay in filing the appeal. The Referee explained that telephone contact could not be made because Claimant’s number did not accept blocked calls. The Commonwealth Court ruled that “the evidence of record conclusively established that Claimant contacted the Referee’s office in real time, was apparently never informed that there was an issue with her phone, and was improperly charged with being responsible for her own technology and in charge of her phone and any incoming calls.” Thus, the Court remanded the case.

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