Appealing a Referee Decision to the UC Board of Review

 
 
 
 
 

Filing an Appeal

The Unemployment Compensation Board of Review has promulgated new appeal regulations, which apply to appeals filed on or after September 20, 2003. The following instructions apply to appeals filed under the new regulations. Appeals may be filed by mail, common carrier, fax, electronic mail or personal delivery, as described below.
 
Under Section 502 of the Pennsylvania Unemployment Compensation Law, a Referee decision becomes final unless an appeal is filed within fifteen (15) days of the date the decision was mailed. If you disagree with a Referee decision and wish to file an appeal, your appeal must be filed within fifteen (15) days of the mailing date on the decision.
 
Whether you are a claimant or an employer, you may file your own appeal, or you may have an attorney or any other advocate file an appeal for you. If you are the claimant and you qualify, free legal assistance may be available from the legal services organization serving your area, your local bar association, or a law school clinic. (These instructions pertaining to representation for employers reflect certain provisions of Act 5 of 2005, which was enacted on June 15, 2005.)
 
You may use a Petition for Appeal form, a letter, or e-mail to appeal. Regardless of the format you choose, your appeal must include the name and address of the claimant, the social security number of the claimant (if known), the date of the determination being appealed, the reason for the appeal, and the name and address of the individual filing the appeal. Please follow these instructions carefully:
  • MAIL: If your appeal is filed by mail, it will be filed as of the date of the U.S. postal service postmark, a U.S. Postal Service form 3817 (Certificate of Mailing) or a U.S. Postal Service certified mail receipt. If there is no U.S. Postal Service postmark, the date of filing will be the date of a postage meter mark on the envelope containing the appeal. If your appeal contains neither a postmark nor a postage meter mark, the date of filing will be the date recorded by the Department when the appeal is received. You should mail your appeal to the U.C. Board of Review, Room 1119 Labor & Industry Building, 651 Boas Street, Harrisburg PA 17121.
     
  • COMMON CARRIER: If you file your appeal by common carrier, the appeal is filed on the date it is delivered to the common carrier as established by the records of the common carrier. If the date of delivery to the common carrier cannot be determined by the records of the common carrier, the appeal is filed on the date it is received by the Department.
     
  • FAX: If your appeal is filed by fax, it must be received by the Department by 11:59 p.m. on the last day to appeal. The filing date will be determined by the date of receipt imprinted by the receiving fax machine. If there is no receipt date imprinted by the receiving fax machine, the sender's fax banner will control the date of filing. If neither date appears on the fax, the date of receipt recorded by the Department will serve as the date of filing. Your appeal should be faxed to the U.C. Board of Review at 717-346-4484.
NOTE: A party appealing by fax is responsible for delay, disruption, interruption of electronic signals and readability of the document and accepts the risk that the appeal may not be properly or timely filed.
  • ELECTRONIC MAIL (E-MAIL): If you file your appeal by e-mail, the appeal is filed on the date of receipt recorded by the Department's electronic transmission system. If you wish to file your appeal by e-mail forward your appeal information to the Department at L&IBoardAppeals@pa.govWarning: Information submitted by e-mail is not secure.
NOTE: A party filing an appeal via electronic mail is responsible for using the proper format and for delay, disruption, interruption of electronic signals and readability of the document and accepts the risk that the appeal may not be properly or timely filed.
 
If you file your appeal by personal delivery to a PA CareerLink, your appeal is filed on the date it is delivered to the PA CareerLink, during normal business hours. The PA CareerLink representative will forward your Petition for Appeal or letter of appeal to the UC Board of Review. NOTE: Appeals cannot be filed in person at UC Service Centers.

Withdrawing an Appeal to the UC Board of Review

The appellant may ask to have an appeal withdrawn any time before a decision is issued by the Board. The request for withdrawing your appeal must be in writing to the Board at the address listed below. By withdrawing the appeal, the party accepts the decision that was issued by the Referee. Withdrawal requests must be submitted in writing by mail, e-mail or fax to:
Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
Fax: 717-787-6125
 
NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.

Obtaining a Copy of the Record of a UC Referee's Hearing

The record of the Referee's hearing is transcribed only when a Referee decision is appealed to the Board. A copy of the testimony, which is to be used for UC purposes only, is available to each party, at no charge, upon written request. Requests must be submitted in writing by mail, e-mail or fax to:
Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
Fax: 717-787-6125
 
NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.

Requesting to file a Brief or Present an Oral Argument Before the Board

Additional testimony on a case before the Referee is not permitted unless the Board specifically orders a remand hearing. However, if a party wishes to expand testimony already recorded, a written request must be submitted, asking the Board for permission to file a brief (a written statement). If a party wishes to clarify already recorded testimony, the party must submit a written request to be scheduled for oral argument (personal appearance) before the Board in Harrisburg. Requests must be submitted in writing by mail, e-mail or fax to:
Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
Fax: 717-787-6125
 
NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.
The Board has sole discretion to grant or deny requests for oral argument, and will grant it only when and if the Board deems it is needed to enable the Board to render an appropriate decision. If an oral argument is scheduled, either party may request a continuance (postponing and rescheduling) by contacting the Board. The request to have an oral argument before the Board will only be granted for proper cause.
 
Whether you are the claimant or the employer, you may file your own brief, or request for oral argument, or you may have an attorney or any other advocate file those documents for you. If you are the claimant and you qualify, free legal assistance may be available from the legal services organization serving your area, your local bar association, or a law school clinic. (These instructions pertaining to representation for employers reflect certain provisions of Act 5 of 2005, which was enacted on June 15, 2005.

Returning a Case to a UC Referee From the Board of Review

If the Board feels that the record is not adequate, then it will remand (return) the case to a Referee for another hearing. If either party feels that existing testimony is insufficient and that new evidence should be introduced, a written request for a remand must be sent to the Appeals System Administrator, stating why the testimony is incomplete.
 
If either party feels that the attendance of certain witnesses and/or the producing of certain documents at the remand hearing are essential to provide the Board with complete information concerning the claim, a written request must be submitted to the Referee to issue subpoenas. If a party's witness refuses to appear or provide documentary evidence, the party may submit a written request to the Referee to issue subpoenas to assure the requested presence at the hearing. If determined necessary, the Referee will issue subpoenas. However, it is the responsibility of the party requesting the subpoena to serve it upon the witness.
 
At a remand hearing, the Referee will serve as a hearing officer for the Board to gather any additional information for the Board to consider. The entire file and record of evidence will then be returned to the Board for further action. If a remand hearing is scheduled, either party may request a continuance (postponing and rescheduling) of the hearing by contacting the Referee's Office. This may be granted for proper cause.

Representation at the Remand Hearing

Whether you are the claimant or the employer, you may represent yourself or you may have an attorney or any other advocate represent you. If you are the claimant and you qualify, free legal assistance may be available from the legal services organization serving your area, your local bar association, or a law school clinic. (These instructions pertaining to representation for employers reflect certain provisions of Act 5 of 2005, which was enacted on June 15, 2005.)
 
Contact UsCommonwealth PortalContact the Web Team | Privacy PolicyDisclaimer
Copyright ©  Commonwealth of Pennsylvania