Hawkey v. Commonwealth

Dissenting Opinion by

Judge Blatt:

I must respectfully dissent.

Judge Bowman characterized the petition for review before him to be one “in the nature of an appeal from an order of the Workmen’s Compensation Appeal Board ...” and I believe that his dismissal of that appeal constituted a final action relative to the decision of the Board.

Judge Bowman’s decision was on its face and in actuality a dismissal of a petition for review for failure *385to perfect an appeal to this Court and that was and is required whether for failure to file within the mandatory time period as in Balin v. Workmen’s…