D. Nowakowski v. UCBR
D. Nowakowski v. UCBR - 1167 C.D. 2016
| Pa. Commw. Ct. | Apr 21, 2017Background
- Claimant (David Nowakowski) worked July 2015–January 22, 2016 and filed for unemployment in April 2016.
- Claimant’s base year wages: $0 (Q1), $0 (Q2), $12,740 (Q3), $19,471 (Q4); total $32,211.
- Service Center, Referee, and the Unemployment Compensation Board of Review found Claimant ineligible under former Section 401(a)(2) because less than 49.5% of his base‑year wages were paid outside his highest quarter (Q4).
- Claimant appealed pro se to this Court, asserting an Equal Protection challenge: the quarter‑based wage allocation discriminates based on pay‑day timing (day of week) and thus arbitrarily classifies claimants.
- The Court reviewed whether the statute’s quarter‑based allocation and 49.5% requirement irrationally classify claimants and whether the Board’s factual findings were supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Section 401(a)(2)’s quarter‑based wage comparison violates Equal Protection | Nowakowski: quarter allocation can arbitrarily disqualify claimants depending on pay‑day timing (day of week), so the classification lacks rational basis | The statutory scheme is a legitimate, rough statistical surrogate for time worked and reasonably furthers the state interest in ensuring labor‑force attachment | Court: Rational‑basis review applies; statute serves legitimate interests and the quarter‑based rule is a reasonable (if imperfect) method; no Equal Protection violation; Board affirmed |
Key Cases Cited
- Martin v. Unemployment Compensation Board of Review, 466 A.2d 107 (Pa. 1983) (upheld percentage‑outside‑highest‑quarter requirement as a statistical surrogate for time worked)
- Devine v. Unemployment Compensation Board of Review, 101 A.3d 1235 (Pa. Cmwlth. 2014) (rejected equal protection challenge to Section 401(a)(2) as applied to seasonal‑pattern wages)
- Kramer v. Workers’ Compensation Appeal Board (Rite Aid Corp.), 883 A.2d 518 (Pa. 2005) (discusses standards for equal protection review and classification rationality)
- Pagliei v. Unemployment Compensation Board of Review, 37 A.3d 24 (Pa. Cmwlth. 2012) (claims financial eligibility is claimant’s burden; scope of review for Board decisions)