Cumberland Valley Animal Shelter v. Unemployment Compensation Board of Review

In Cumberland Valley Animal Shelter v. Unemployment Compensation Board of Review, 881 A.2d 10 (Pa. Cmwlth. 2005), the Board accepted the claimant's testimony that her husband mailed a large envelope containing appeal documents to the referee's office one day before the expiration of the appeal period. The Board acknowledged that the referee lost the envelope mailed by the claimant and also failed to time-stamp the appeal form. The Court held that because the claimant's inability to prove the timeliness of her appeal was due solely to the referee's failure to retain the envelope and time-stamp the appeal, the Board properly considered the claimant's testimony to determine the timeliness of the appeal.