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

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 ...


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