Funk v. Unemployment Insurance Appeal Board

CHRISTIE, Chief Justice.

Mitchell H. Funk (claimant) has appealed a decision of the Superior Court which upheld the Unemployment Insurance Appeal Board’s refusal to consider the substance of his appeal because it was untimely filed. A three justice panel of the Supreme Court issued an order on January 18, 1991 which upheld the Superior Court’s decision. Following rehearing en banc, that order is now withdrawn and replaced with the following opinion of the Court en banc.

Funk was temporarily laid off from his employment at Johnson Controls on February 3, 1989. He became eligible for unemployment…