§ 101.81. Filing of appeal from determination of Department.
(a) Appeal forms may be obtained from a Department appeal office, a workforce investment office or the Board’s appeals system administrator in Harrisburg and from the Department website (www.dli.state.pa.us).
(b) Information about filing an appeal may be obtained from a Department appeal office, Board office and the Department’s website. The Department will provide appeal instructions with each determination, including the address and fax number of a Board office, workforce investment office or a Department appeal office where appeals may be filed.
(c) An appeal from a determination of the Department shall be filed with a Department appeal office, a workforce investment office or a Board office and shall contain the following information:
(1) The name and address of the claimant.
(2) The Social Security number of the claimant, if known.
(3) The date of the determination which is being appealed.
(4) The reasons for appeal.
(5) The name and address of the appellant.
(d) Upon receipt of an appeal, the Department or the Board will docket and process the appeal form.
(e) The Board will consider a written objection to the Department’s determination as an appeal and process it under subsection (c) if the appellant does not complete the Department-provided appeal form.
Source The provisions of this § 101.81 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 pages (259528) to (259529).
Notes of Decisions Proper Appeal
Unemployment compensation claimant adequately preserved for appellate review all issues related to his appeal of referee’s decision to the Unemployment Compensation Board of Review even though he only stated that he did not agree with the decision; job center and referee considered whether claimant engaged in willful misconduct and parties raised no objections during the proceedings. Ductmate Ind. v. Unemployment Compensation Board of Review, 949 A.2d 338 (Pa. Cmwlth. 2008).
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).
Commonwealth Court could not consider documents relied upon by the Employer which were not part of the record. The documents, if part of the record, would not constitute a valid appeal because these documents did not manifest employer’s intent to appeal a determination under section 501(e) of the Unemployment Compensation Act (43 P. S. § 821(3)). Pa. Turnpike Commission v. Unemployment Comp. Bd. of Review, 991 A.2d 971 (Pa. Cmwlth. 2009).
Cross References This section cited in 34 Pa. Code § 101.82 (relating to time for filing appeal from determination of Department); and 34 Pa. Code § 101.102 (relating to form and filing of application for further appeal from decision of referee).
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