In Pitt v. Devlin v. Grabler Manufacturing Corp. Pa. Superior Ct. Employer also failed to request permission to appeal nunc pro tunc or otherwise demonstrate that it met the requirements for such an appeal. We have also stated that the limitation period inSection 423 must be strictly enforced.
Untimely appeals raise a jurisdictional issue.
In Riley , this court reviewed a similar procedural posture as that of the instant case and applied Section 423 of the Act. The claimant in Riley filed an untimely appeal to the Board, the employer sought to quash the appeal, and the Board remanded to give the claimant another chance to present his claim. The Riley court added that the Board is without jurisdiction to entertain the appeal and action taken under such an appeal would be void. In the instant case, the Board was under a mandatory obligation to quash Employer's appeal because it was untimely filed and the Board was without jurisdiction to consider the merits of Employer's appeal. Under Riley , the Board was also without jurisdiction to reopen the case with its remand order and all actions that subsequently ensued were void and had no effect.