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LYNN GREENAWALT v. COMMONWEALTH PENNSYLVANIA (06/13/88)

decided: June 13, 1988.

LYNN GREENAWALT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Appeal Board, in case of Lynn Greenawalt, No. B-251975-B.

COUNSEL

Frederick M. Stanczak, for petitioner.

Jonathan Zorach, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Smith.

Author: Smith

[ 117 Pa. Commw. Page 97]

Claimant, Lynn Greenawalt, appeals from a March 2, 1987 decision of the Unemployment Compensation Board of Review (Board) which affirmed the referee's determination that Claimant was ineligible for benefits under Section 401 as defined in 4(u) and Section 401(c) of the Pennsylvania Unemployment Compensation Law (Law).*fn1 The Board determined that Claimant received a fault overpayment of $828.00 subject to recoupment under Section 804(a) of the Law.*fn2 We reverse in part the Board's decision.

Claimant filed an application for benefits with an effective date of June 9, 1985. The Office of Employment Security (OES) initially determined Claimant to be eligible for benefits but after receiving reports of Claimant's part-time earnings, the OES issued a determination that Claimant was ineligible for benefits for certain compensable weeks and imposed a fault overpayment.

[ 117 Pa. Commw. Page 98]

On appeal by Claimant, the referee affirmed the OES determination. The Board affirmed the referee, and upon reconsideration of its decision, issued a decision and order on March 2, 1987 again affirming the referee.

Claimant was employed part-time in November 1985 by Home Health Help, Inc.*fn3 Claimant's reported wages as a private duty nurse for weeks ending June 15, 1985 through December 28, 1985 were $56.00 per week, except for the week ending December 28 which were $27.52. The Board found that Claimant earned additional income during the weeks ending November 9, 1985 through December 28, 1985 and that she was absent from work the week ending December 7, 1985 and could have earned an additional $91.00 in wages as employment was available to her. Home Health Help, Inc. completed Claimant's earnings reports which Claimant was required to deliver to OES. The Board found that Claimant's correct earnings for the weeks ending November 9, 1985 through December 28, 1985 were greater than the reported earnings and, as a consequence, Claimant received an $828.00 overpayment of benefits through her own fault.

This Court's scope of review in unemployment compensation cases is to determine whether any constitutional rights have been violated; an error of law was committed; or findings of fact were not supported by substantial evidence of record. Estate of McGovern v. State Employees' Retirement Board, 512 Pa. 377, 517 A.2d 523 (1986); Kirkwood v. Unemployment Compensation Board of Review, 106 Pa. Commonwealth Ct. 92, 525 A.2d 841 (1987). Substantial evidence has been defined as relevant evidence upon which a reasonable

[ 117 Pa. Commw. Page 99]

    mind could base a conclusion. Johnson v. Unemployment Compensation Board of Review, 94 Pa. ...


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