Park v. Unemployment Compensation Board of Review12/4/2002
Donald E. Park (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board), affirming the decision of a referee, dismissing Claimant's appeal as untimely. We affirm.
Advanced Glassfiber Yarns LLC (Employer) employed Claimant as a laborer since 1972. As a result of a conviction for driving under the influence , Claimant was incarcerated at the Cumberland County Prison from November 1, 2001, to January 30, 2002. Claimant called Employer and informed Julie C. Reed, Employer's Human Relations Specialist, that he would not be available for work from November 1 through November 5, 2001, because he was "taking care of legal issues." (Record at Item No. 3). Claimant later informed Ms. Reed that he would be incarcerated and unavailable for work.
Thereafter, by letter dated November 5, 2001, Employer informed Claimant that he was being terminated as a result of his extended absences without an approved leave. Employer cited to its company policy prohibiting excessive or unexcused absences or tardiness. Upon his release from incarceration, Claimant proceeded to file a claim for unemployment compensation benefits with his local job center. On his claim documents, Claimant listed his address as that of Mr. Suchanec, i.e., 870 Buckingham Boulevard, Elizabethtown, Pennsylvania. On February 8, 2002, the local job center mailed Claimant a notice of determination finding him ineligible for benefits under Section 402(e) of the Unemployment Compensation Law (UC Law). The local job center cited Claimant's violation of Employer's work rule, of which Claimant was or should have been aware.
This notice of determination specifically advised claimant that he had until February 25, 2002, to file an appeal from the same. Claimant failed to file an appeal within this time period. This notice of determination was sent to the address as provided by Claimant, i.e., 870 Buckingham Boulevard, Elizabethtown, Pennsylvania. However, at some point following the filing of his claim, Claimant relocated to his parents' house at 25 West Shirley Street, Box 51, Mount Union, Pennsylvania. Claimant never informed the local job center of his change of address.
On March 4, 2002, Claimant filed an appeal of this notice of determination. In his appeal, Claimant noted his change of address and alleged that his friend, Mr. Suchanec, failed to advise him of the notice of determination. The case was assigned to an unemployment compensation referee and proceeded with a hearing on April 4, 2002, limited solely to the issue of the timeliness of Claimant's appeal. Claimant appeared at this hearing with counsel and testified on his own behalf. Employer did not appear.
Specifically, Claimant indicated that during his period of incarceration, Mr. Suchanec, who resided at the Elizabethtown address, was acting as his power of attorney and was handling his financial affairs. Upon his release from the Cumberland County Prison on January 30, 2002, Claimant indicated that he continued to use Mr. Suchanec's Elizabethtown address. At some point after the filing of his claim with his local job center, Claimant indicated that he moved back to his parents' house, i.e., the Mount Union address. Claimant also indicated that he filled out a change of address form in late February or early March of 2002.
During a visit to a Career Link office in Harrisburg, Claimant indicated that he first learned of the job center's determination denying him benefits. At that time, Claimant immediately filed an appeal of the job center's determination. Upon questioning from his counsel, Claimant indicated that Mr. Suchanec never informed him that he had received the notice of
Page 1 2 3 Pennsylvania DUI Attorneys
DUI Lawyers
|