Wise v. Cambridge Springs Borough

Citations

• 262 Pa. 139
• 104 A. 863
• 1918 Pa. LEXIS 607

Syllabus

<p>Workmen’s Compensation Law — Workmen’s Compensation Boa/rd ■ — Appeals.</p> <p>1. Where an act of assembly fixes the time within which an act must be done, as for example, an appeal taken, courts have no power to extend it, or to allow the act to be done at a later day, as an act of indulgence. Something more than mere hardship is necessary to justify an extension of time, or its equivalent, an allowance of the act nunc pro tune.</p> <p>2. Where a party has been prevented from appealing by fraud, or by the wrongful or negligent act of a court official, the court has power to extend the time for taking an appeal; but where no fraud or anything equivalent thereto is shown such appeals cannot be allowed.</p> <p>3. Under Section 419 of the Workmen’s Compensation Act of June 2, 1915, P. L. 736, an appeal from the decision of a referee to the Workmen’s Compensation Board is permitted only if taken within ten days after notice of the referee’s action has been served upon the parties and where an appeal has not been taken until after such time, the Workmen’s Compensation Board has no jurisdiction to allow an appeal nunc pro tunc as of a time prior thereto, and the action of the board upon an appeal so allowed is invalid.</p> <p>4. If the Workmen’s Compensation Board improperly allows an appeal in such case and affirms the decision of the referee, the Common Pleas Court has no jurisdiction, upon appeal from the decision of the Workmen’s Compensation Board to reverse the decision of the referee and dismiss the claim.</p>