Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 101.102. Form and filing of application for further appeal from decision of referee.

§ 101.102. Form and filing of application for further appeal from decision of referee.

 A party shall file an appeal from a referee’s decision in accordance with § §  101.81 and 101.82 (relating to filing of appeal from determination of Department; and time for filing appeal from determination of Department).

Source

   The provisions of this §  101.102 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4674. Immediately preceding text appears at serial page (255873).

Notes of Decisions

   Jurisdiction

   An improper signature which may have technically violated the regulations of the Board regarding the perfection of an appeal does not create a jurisdictional issue capable of being raised in the first instance on judicial review if the appeal was instituted within the 15-day statutory time period. Clowney v. Unemployment Compensation Board of Review, 421 A.2d 515 (Pa. Cmwlth. 1980).

   Proper Appeal

   Although the unemployment claimant’s petitions for appeal from the job center did not raise any issues specifically, the issues which were decided by the job center were the same issues addressed by the referee and were subsequently discussed by the Unemployment Compensation Board of Review. Thus, pursuant to § §  101.87 and 101.107, the referee and Board correctly considered the Claimants’ appeals. Black Lick Trucking, Inc. v. Unemployment Compensation Board of Review, 667 A.2d 454 (Pa. Cmwlth. 1995).

Cross References

   This section cited in 34 Pa. Code §  101.111 (relating to reconsideration by Board).



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