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DALE E. AMSPACHER v. COMMONWEALTH PENNSYLVANIA (08/14/84)

decided: August 14, 1984.

DALE E. AMSPACHER, 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 Dale E. Amspacher, No. B-213248.

COUNSEL

P. Nelson Alexander, for petitioner.

Charles G. Hasson, Acting Deputy Chief Counsel, with him, Richard L. Cole, Jr., Chief Counsel for respondent.

Judges Williams, Jr., Doyle and Palladino, sitting as a panel of three. Opinion by Judge Williams, Jr. Dissenting Opinion by Judge Doyle.

Author: Williams

[ 84 Pa. Commw. Page 449]

This is an appeal by Dale E. Amspacher (claimant) from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's denial of benefits under Section 401(c) of the Unemployment Compensation Law (Law)*fn1 and finding claimant had a fault overpayment of $4,530 which is subject to recoupment under Section 804(a) of the Law.*fn2

Claimant was employed on a full-time basis by the Pittman Division of A.B. Chance Company (Pittman) as a hydraulic mechanic for approximately three years. Claimant was laid off at Pittman due to lack of work and his last working day at Pittman was February 27, 1981. From December 1980 claimant was also employed on a part-time basis by Paval Associates, Inc. (Paval) as a security guard.*fn3 Claimant's last day of work with Paval was February 28, 1981 when claimant voluntarily left his employment with Paval.*fn4

Claimant applied for unemployment compensation benefits listing Pittman as his last employer and that he was laid off due to lack of work. Claimant did not mention his voluntary termination at Paval to the Office of Employment Security (OES) when filing his claim in March 1981. On the basis of the information provided by claimant, the OES granted claimant

[ 84 Pa. Commw. Page 450]

    benefits*fn5 for the compensable week ending March 7, 1981 through the compensable week ending September 26, 1981, a total of thirty weeks.

Claimant was recalled to work at Pittman in September 1981 and laid off for two weeks in May and June of 1982. Claimant filed for benefits in June 1982 indicating to the OES that he had eight credit weeks with Paval.*fn6 It was at this time the OES first learned that claimant had quit his job at Paval on February 28, 1981. The OES issued a determination that claimant was ineligible for benefits for the compensable weeks ending March 7, 1981 through September 26, 1981 under Sections 401(c) and 402(b)*fn7 of the Law. The OES also determined claimant had received a fault overpayment of $4,530 subject to recoupment under Section 804(a) of the Law. Claimant appealed and, after a hearing, the referee upheld the OES determination. Claimant appealed the referee's decision to the Board which modified the referee's decision to eliminate consideration of the Section 402(b) voluntary quit issue*fn8 and affirmed the referee's decision in all other respects. Claimant then petitioned this Court for review.

The three issues presented on appeal are (1) whether the Board erred in ...


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