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NORIS WALLSMITH v. COMMONWEALTH PENNSYLVANIA (09/14/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 14, 1983.

NORIS WALLSMITH, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT

Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Noris Wallsmith, No. B-201219.

COUNSEL

Bernard D. Cullen, Brady, Lindner & Cullen, for petitioner.

Charles Donahue, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Williams, Jr., Craig and MacPhail, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 77 Pa. Commw. Page 163]

Noris Wallsmith (Claimant) appeals from an Unemployment Compensation Board of Review (Board) order denying benefits under Section 401(b) of the Unemployment Compensation Law (Law)*fn1 and, pursuant

[ 77 Pa. Commw. Page 164]

    to Section 804(a) of the Law,*fn2 ordering recoupment of a fault overpayment for weeks during which Claimant did not report part-time earnings to the Office of Employment Security (OES).

The Board's factual findings are not disputed. Upon being validly separated from employment, OES deemed Claimant to be eligible for a weekly benefit amount of $120.00, a weekly dependency allowance of $8.00 and a partial benefit credit of $48.00. From week ending October 4, 1980 through December 27, 1980, a period of thirteen weeks, Claimant received unemployment compensation totaling $1,664.00. Coextensively, Claimant worked part-time as a sales clerk earning weekly wages which exceeded her partial benefit credit by varying amounts.

Although Claimant read and understood the OES information booklet which mandated that all wages earned during each claim period be reported, Claimant failed to report her part-time earnings to the compensation authorities. The referee's decision, summarily affirmed by the Board, determined Claimant to be ineligible for benefits under Section 401(b) of the Law and ordered the recoupment of the $1,664.00 fault overpayment pursuant to Section 804(a) of the Law.

Claimant asserts that the recoupable, fault overpayment should not equal the amount of total benefits received, $1,664.00, but the sum of the amounts by which Claimant's weekly part-time earnings exceeded her partial benefit credit. Rather than being disqualified from receiving all benefits, Claimant would,

[ 77 Pa. Commw. Page 165]

    therefore, remain eligible for her weekly benefit rate less the amount by which her part-time wages exceeded her partial benefit credit.

Claimant's unsupported contention is meritless in light of our holding in Morocco v. Unemployment Compensation Board of Review, 38 Pa. Commonwealth Ct. 285, 392 A.2d 913 (1978). In Morocco, the Board ordered the recoupment of fault overpayments made to a claimant who failed to report weekly part-time wages (in excess of his partial benefit credit) to OES. In rejecting an argument identical to the one proffered sub judice (recommending partial benefits for claimants who knowingly fail to notify OES of their weekly part-time earnings), we held, citing Section 801(b) of the Law,*fn3 the delinquent claimant to be disqualified from receiving any benefits; all compensation thus being properly subject to full recoupment under Section 804(a) of the Law. Id. See, Rohrbach v. Unemployment Compensation Board of Review, 69 Pa. Commonwealth Ct. 172, 450 A.2d 323 (1982); Summers v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 146, 430 A.2d 1046 (1981).

We accordingly affirm the order of the Board.

Order

And Now, this 14th day of September, 1983, the Order of the Unemployment Compensation Board of Review, dated November 17, 1981, at Decision No. B-201219, is affirmed.

Disposition

Affirmed.


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