§ 101.103. Notification of filing of application for further appeal.
Notice of the application for the allowance of an appeal (petition for further appeal) shall be furnished by the local employment office wherein such application was filed, to the central office of the Board and to each party to the claim proceedings, by personal delivery or by mailing it to his last known post office address.
Source The provisions of this § 101.103 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Adequate Notice
A claimant who was informed orally by an unemployment office employe of the former employer’s appeal of the referee’s decision and received written notification enabling him to attend an evidentiary hearing scheduled by the Board received adequate notice of appeal pursuant to the requirements of this regulation, and the claimant was not prejudiced by the Board’s action. Neimeic v. Unemployment Compensation Board of Review, 430 A.2d 697 (Pa. Cmwlth. 1981).
Inadequate Notice
If an employer appeals an adverse decision to the Board and the claimant does not receive the notice required by this regulation, the right of the claimant to oral or written argument under 34 Pa. Code § 101.104(e) (relating to allowance or disallowance of appeal) is violated. Mileski v. Unemployment Compensation Board of Review, 379 A.2d 643 (Pa. Cmwlth. 1977).
Presumptions
If a claimant alleges nonreceipt of the notice of appeal required under this regulation and the record is silent on the point, notification will not be presumed. Mileski v. Unemployment Compensation Board of Review, 379 A.2d 643 (Pa. Cmwlth. 1977).
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