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ANDREW CELIA v. COMMONWEALTH PENNSYLVANIA (04/06/78)

decided: April 6, 1978.

ANDREW CELIA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Andrew Celia, No. B-131855.

COUNSEL

Andrew F. Erba, for petitioner.

Susan Shinkman, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Rogers, Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 34 Pa. Commw. Page 533]

Andrew Celia (claimant) appeals here from a determination by the Unemployment Compensation Board of Review (Board) that he is liable for a fault overpayment of unemployment compensation benefits because he did not notify the Bureau of Employment Security of his application for Social Security disability benefits.

On November 20, 1974, subsequent to his being laid off by his employer, the claimant filed an application for and was granted unemployment compensation benefits by the Bureau of Employment Security (Bureau). On December 30, 1974, he applied for Social Security disability benefits, and these were approved in February 1975, retroactive to the application date. Claimant so notified the Bureau on March 3, 1975 whereupon the Bureau terminated his benefits as of February 15, 1975 holding that he was unavailable for work and therefore ineligible under Section 401(d) of the Unemployment Compensation Law*fn1 (Act), 43 P.S. § 801(d). Claimant's ineligibility for benefits

[ 34 Pa. Commw. Page 534]

    from November 23, 1974 through March 22, 1975 was affirmed upon appeal to the referee and was not appealed. A subsequent determination was made by the Bureau, however, that the overpayment of benefits which the claimant had received and to which he had not been entitled, was a "fault overpayment" under Section 804(a) of the Act, 43 P.S. § 874, and this determination was affirmed on appeal following a hearing before a referee who found that:

[t]he claimant's overpayment was the result of his failure to properly inform the Bureau that he had filed for Social Security disability benefits on December 30, 1974, which was approved and as a result he was found not able and available for work.

On appeal to the Board, this determination was modified, establishing a Section 804(b)*fn2 "non fault overpayment" for the period prior to December 30, 1974, and a Section 804(a)*fn3 "fault overpayment" for the period subsequent thereto. Upon request for reconsideration, the Board vacated its decision and granted

[ 34 Pa. Commw. Page 535]

    oral argument, but it later issued an order reinstating its prior ...


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