Raichle v. Unemployment Compensation Board of Review

In Raichle v. Unemployment Compensation Board of Review, 112 Pa. Commw. 298, 535 A.2d 694, 696 (Pa. Cmwlth. 1988), the Court held that when a postmark differs from the date of mailing on the referee's decision, a claimant may rely on the postmark to extend the appeal period, so long as the claimant notifies the Board of the discrepancy. In the present case, Employer notified the Board immediately, via telephone and e-mail, of the seven-day discrepancy between the date of mailing on the decision and the actual postmark. The e-mails are part of the certified record and were admitted into evidence without objection at the Referee's hearing on the timeliness of Employer's appeal. Employer attached a photocopy of the postmarked envelope to its appeal, which it both faxed and mailed. The photocopy of the envelope is in the certified record and was also admitted without objection as an exhibit at the timeliness hearing before the Referee. Employer was, therefore, entitled to rely on the postmark.