From Casetext: Smarter Legal Research

Department of L. I. v. Unemp. Comp. Bd.

Superior Court of Pennsylvania
Dec 19, 1939
10 A.2d 56 (Pa. Super. Ct. 1939)

Opinion

December 11, 1939.

December 19, 1939.

Appeals — Practice — Decision of Unemployment Board of Review — Filing of appeal petition in prothonotary's office — Act of December 5, 1936, P.L. (1937) 2897.

1. Under the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, sections 510 and 208(p), where the appeal petition, which must "state the grounds upon which a judicial review is sought," is not filed in the office of the prothonotary of the Superior Court within thirty days after the decision of the Unemployment Compensation Board of Review becomes final, the appeal may be quashed.

2. The practice regulating appeals from courts is not applicable to appeals from the Unemployment Compensation Board of Review provided for in the Act of 1936.

Appeal, No. 30, March T., 1940, from report and decision of Unemployment Compensation Board of Review, dated August 2, 1938, Appeal No. CS-44-110, in case of Department of Labor and Industry of the Commonwealth of Pennsylvania, Division of Unemployment Compensation and Employment Service, v. Unemployment Compensation Board of Review and Stephen J. Ardes, Claimant.

Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Appeal quashed.

Appeal to Unemployment Compensation Board of Review by former branch manager from his dismissal by Secretary of Labor and Industry.

Appeal sustained, dismissal reversed and dismissed employee reinstated. Department of Labor and Industry appealed.

Errors assigned, among others, were various findings of the board.

David R. Perry, Special Deputy Attorney General, with him Claude T. Reno, Attorney General, for appellant.

Clair Groover, for appellees.


Argued December 11, 1939.


The appeal in this case was quashed at bar because the appeal petition, prescribed by the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, sections 510 and 208(p), — which must "state the grounds upon which a judicial review is sought" — was not filed in the office of the Prothonotary of this Court within thirty days after the decision of the Unemployment Compensation Board of Review became final.

The practice regulating appeals from courts is not applicable to appeals from the Unemployment Compensation Board of Review provided for in the above act.


Summaries of

Department of L. I. v. Unemp. Comp. Bd.

Superior Court of Pennsylvania
Dec 19, 1939
10 A.2d 56 (Pa. Super. Ct. 1939)
Case details for

Department of L. I. v. Unemp. Comp. Bd.

Case Details

Full title:Department of Labor and Industry of Pennsylvania, Appellant, v…

Court:Superior Court of Pennsylvania

Date published: Dec 19, 1939

Citations

10 A.2d 56 (Pa. Super. Ct. 1939)
10 A.2d 56

Citing Cases

Kespelher Unempl. Compensation Case

See the Act of December 5, 1936, P. L. (1937) 2897, as amended, sections 509 and 510, 43 PS 829 and 830. It…

Haile Unempl. Compensation Case

The decision of the Board became final on May 1, 1953. Claimant did not take and perfect the appeal to this…