Gruschka
Gruschka v. Unemployment Insurance Appeals Board
Opinion
Opinion
Racanelli, J.
Appellant, a retail clerk by occupation, sustained an injury while on vacation in September 1981. After returning to work on October 18, 1981, she first learned of the possibility of obtaining converted sick leave benefits under her union coverage. Appellant, believing she could not file a claim for state disability benefits until she first exhausted benefits available through her union, delayed completion of the claim until after she received notice of her union’s denial of benefits on December 11 or December 12, 1981. Within a few days thereafter she submitted the required claim form to her attending physician for inclusion of necessary medical data. The fully completed form was not received by the Department of Employment Development (Department) until January 7, 1982. The Department denied appellant’s claim as untimely within the meaning of section 2706.1 of the Unemployment Insurance Code (to which all further statutory references apply unless otherwise indicated) requiring such claims to be filed “not later than the 20th consecutive day following the first compensable day of unemployment and disability . . . which time shall be extended by the department upon a…