Pro se claimant’s appeal of judge’s decision was filed untimely in that it was filed with judge’s office in Philadelphia and not Appeal Board’s office in Harrisburg.

In this case, a Workers’ Compensation Judge granted a claim petition for a closed period and a termination petition. The decision was issued on August 24, 2020. On September 12, 2020, the claimant filed an appeal via the United States Postal Service with the judge at the Philadelphia Field Office. The claimant had until September 14, 2020, to file his appeal with the Appeal Board in Harrisburg. The Appeal Board granted the employer’s motion to quash on the basis that the appeal was untimely.

The Commonwealth Court affirmed, noting that the Special Rules of Administrative Practice and Procedure before the Board are clear that appeals are to be filed with the Board and properly addressed. The court further pointed out that the appeal form expressly says that an appeal will be considered filed within the appeal period if it is mailed to the Board (properly stamped and addressed) or entered into WCAIS no later than the twentieth day after notice of a judge’s decision. Further, the court noted that the Board’s Harrisburg address is clearly stated at the bottom of the appeal form.

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