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Logan v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

November 10, 2014

Wendi Logan, Petitioner
v.
Unemployment Compensation Board of Review, Respondent

Submitted October 10, 2014

Appealed from No. B-561608. State Agency: Unemployment Compensation Board of Review.

Wendi Logan, petitioner, Pro se.

Gerard M. Mackarevich, Harrisburg, for respondent.

BEFORE: HONORABLE RENÉ E COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION

Page 452

FRIEDMAN, SENIOR JUDGE

Wendi Logan (Claimant) petitions for review, pro se, of the March 11, 2014, order of the Unemployment Compensation Board of Review (UCBR) reversing a referee's decision and concluding that Claimant is financially ineligible for unemployment compensation (UC) benefits. We affirm.

Claimant began working for The Gap, Inc., (Employer) in 1999. Claimant suffered a work-related injury in June 2009 but continued to work. Employer's store permanently closed in December 2009, and Claimant applied for UC benefits pursuant to the Unemployment Compensation Law (UC Law).[1] The Department of Labor and Industry (Department) issued a determination concluding that Claimant was financially eligible for UC benefits. In calculating Claimant's financial eligibility, Department determined that Claimant's base year wages included wages from the third and fourth quarters of 2008 and the first two quarters of 2009. Claimant collected UC benefits for a brief period,[2] underwent surgery for her work-related injury, and started receiving workers' compensation (WC) benefits pursuant to the Workers' Compensation Act (WC Act).[3] (Findings of Fact, Nos. 1-5.)

After recovering from her WC injury, Claimant filed an application for UC benefits on December 16, 2012. On December 24, 2012, Department issued a notice of financial determination concluding that Claimant was financially ineligible for UC benefits because she earned insufficient base-year wages. Thereafter, based on a letter from Claimant and further investigation, Department vacated its December 24, 2012, determination. ( Id., Nos. 6-9.)

On February 12, 2013, Department issued a subsequent notice of financial determination concluding that Claimant was financially ineligible for UC benefits under section 204(b) of the WC Act, 77 P.S. § 71(b). Department used as a base year quarters from April 1, 2008, through March 31, 2009. This time period represented the four complete calendar quarters immediately preceding Claimant's June 2009 work injury. Department determined that except for $7,155 in wages attributable to the second quarter of 2008, the wages in the other three quarters had been used in a previous UC eligibility determination and could not be used a second time. (Findings of Fact, Nos. 10-11.)

Claimant appealed, and a referee conducted a hearing at which only Claimant appeared and testified. The referee issued a decision reversing Department's determination and concluding that Claimant was financially eligible for UC benefits. Department appealed to the UCBR, which reversed and concluded that Claimant was financially ineligible for UC benefits under sections 401 and 404 of the UC Law, 43 P.S. § § 801 and 804, due to insufficient base-year wages. In addition, the UCBR concluded that Claimant was ineligible for UC benefits under section 204(b) of the WC Act. Claimant petitioned this court for review.[4]

Page 453

Claimant argues that the UCBR erred in concluding that she is financially ineligible for ...


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