Workmen's compensation — Timeliness of appeal — The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736 — Mailing — Jurisdiction of the Commonwealth Court of Pennsylvania.
1. The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736, requires that appeals from action of the Workmen's Compensation Appeal Board be filed within twenty days after notice of the Board action has been served on such party, and the appeal period begins to run on the date the Board's order is mailed. [250-1]
2. A party filing an appeal by mail from an order of the Workmen's Compensation Appeal Board must mail the appeal within twenty days of the date that notice of the Board's decision was mailed to such party. [251]
3. The failure to file a timely appeal goes to the jurisdiction of the appellate court and can be raised sua sponte. [251]
OPINION BY JUDGE MENCER, March 14, 1977:
This appeal has been taken by The Budd Company (employer) from an order of the Workmen's Compensation Appeal Board (Board) affirming the referee's award of benefits to Louis J. Braun (claimant) for disfigurement for 11 weeks at the rate of $114 per week and for 4 weeks at the rate of $171 per week. The employer has argued that the award was excessive and that, since the award was for disfigurement, the referee and Board improperly considered a fractured tooth which had been repaired. Since our reading of the record indicates that the employer's appeal to this Court was not timely, we do not reach these questions in quashing the appeal sua sponte.
Section 427 of The Pennsylvania Workmen's Compensation Act (Act) provides: "Such appeal must in all cases be brought within twenty days after notice of the action of the board has been served upon such party, unless the Commonwealth Court, shall, upon cause shown, extend the time herein provided for taking the appeal." In measuring the 20 days, the date of the mailing of the Board's order will begin the period, and the appellant must mail his appeal within 20 days of that date to be timely. General v. E. Roseman Co., 461 Pa. 284, 336 A.2d 287 (1975), rev'g 10 Pa. Commw. 569, 312 A.2d 609 (1973); Workmen's Compensation Appeal Board v. Johnson, 20 Pa. Commw. 231, 341 A.2d 539 (1975). Here, the Board's order was mailed on May 27, 1976. by counting May 28 as the first day, the last day for mailing a timely appeal was Thursday, June 16, 1976. However, the employer's appeal was both notarized and postmarked June 17, 1976 and was therefore untimely.
Act of June 2, 1915, P.L. 736, as amended, 77 P. S. § 873.
The 30-day period in Section 502 of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, 17 Pa.C.S.A. § 211.502, is not applicable here, since the Legislature reenacted the 20-day period when it amended Section 427 by Section 3 of the Act of February 8, 1972, P.L. 25. Statutory Construction Act of 1972, 1 Pa. C.S. § 1936. Similarly, the current 30-day period in Pa. R.A.P. 1512 is not applicable since the dates in question precede July 1, 1976, the effective date of the Pennsylvania Rules of Appellate Procedure.
Section 406 of the Act, 77 P. S. § 717.
Statutory Construction Act of 1972, 1 Pa. C.S. § 1908.
Since the failure to bring a timely appeal is a jurisdictional matter, it may be raised sua sponte and precludes us from reaching the merits. Commonwealth v. Yorktowne Paper Mills, Inc., 419 Pa. 363, 214 A.2d 203 (1965). Therefore, we make the following
ORDER
AND NOW, this 14th day of March, 1977, the appeal of The Budd Company from the order of the Workmen's Compensation Appeal Board dated May 11, 1976, is quashed.