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Stana v. Unemployment Compensation Board of Review

Referee failed to make necessary credibility findings, mandating remand for determination whether claimant was misinformed regarding unemployment benefits and thus deserved additional time to appeal benefits cutoff.

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Submitted: September 21, 2001

Loretta E. Stana (Claimant) petitions for review of an April 3, 2001 order of the Unemployment Compensation Board of Review (UCBR) affirming a referee’s decision that Claimant’s petition for appeal was untimely under section 501(e) of the Unemployment Compensation Law *fn1 (the Law). We vacate and remand for additional findings of fact.

Claimant filed a claim for unemployment compensation benefits in October 2000. On October 24, 2000, the Department of Labor and Industry (Department) issued a notice of financial determination stating that Claimant had sixteen credit weeks and, therefore, was qualified for a maximum of sixteen weeks of unemployment compensation. *fn2 The notice also stated that, if Claimant desired to appeal the determination, she had until November 8, 2000 to do so. *fn3 (R.R. at 1a.) Claimant filed a petition for appeal of this determination on January 11, 2001, well after the fifteen day statutory appeal period had expired.

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