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EVELYN A. CARDENAS v. COMMONWEALTH PENNSYLVANIA (07/14/78)

decided: July 14, 1978.

EVELYN A. CARDENAS, 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 Evelyn A. Cardenas, No. B-140825.

COUNSEL

John Stember, with him Michael A. Nemec, for appellant.

Bernadette A. Duncan, Assistant Attorney General, with him Robert P. Kane, Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 36 Pa. Commw. Page 544]

This case comes before us on appeal following a decision of the Unemployment Compensation Board of Review (Board) which upheld a referee's determination that petitioner was liable for a nonfault overpayment in the amount of $656.00. We affirm the Board.

Petitioner applied for unemployment benefits on January 18, 1976, and was found to be eligible by the Bureau of Employment Security (Bureau). Accordingly,

[ 36 Pa. Commw. Page 545]

    petitioner began to receive benefits totaling $82.00 per week. An appeal was taken from the Bureau's determination by petitioner's employer, and a referee then reversed the Bureau and declared petitioner ineligible for benefits. The petitioner did not appeal from this determination. Petitioner had received a total of $656.00 in benefits for the eight week period preceding the referee's determination.

Following the referee's decision, the Bureau determined on May 5, 1976 that claimant had received a nonfault overpayment in the amount of $656.00, and would be liable for repaying that amount out of future benefits. On appeal, both the referee and the Board upheld the Bureau's determination. This appeal then followed.

Section 804(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 874(b), governs our decision in this case. This section provides in part that where there is a nonfault overpayment of benefits, the claimant shall be liable to have this sum deducted from any future payments during that initial benefit year, as well as the three year period immediately following the benefit year. Section 804(b) also provides in part that:

     no recoupment shall be had if such overpayment is created by reason of (1) a subsequent reversal of two decisions of eligibility under the provisions of section five hundred one (e) of this act. . . .

The Bureau, which was affirmed by the referee and the Board, determined that petitioner did not come within this exception since there had been only one decision ...


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