KILLIAN v. UNEMPL. COMP. BD. OF REVIEW

No. 1016 C.D. 1979.

46 Pa.Commw. 219 (1979)

Robert L. Killian, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

September 27, 1979.


Attorney(s) appearing for the Case

Emily J. Leader and Laurence E. Norton, II, for petitioner.

Daniel R. Schuckers, Assistant Attorney General, Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Submitted on briefs July 10, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.


OPINION BY PRESIDENT JUDGE BOWMAN, September 27, 1979:

Respondent, Unemployment Compensation Board of Review (Board), has moved to quash this petition for review because petitioner failed to first exhaust his administrative remedies by seeking Board review of a referee's determination denying petitioner's claim for benefits. The Board correctly points out that this is self-evident from the petition for review itself which discloses that on March 29, 1979, the referee...

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