J. Wilson v. UCBR
1257-1272 C.D. 2023
Pa. Commw. Ct.Mar 11, 2025Background
- Joyce Wilson appealed from a decision of the Pennsylvania Unemployment Compensation Board of Review assessing non-fraud overpayments of COVID-19-related unemployment benefits (PUA and FPUC) and dismissing her appeal as untimely.
- In October 2021, Wilson received 18 denial notices regarding her benefits, each stating a 21-day deadline to appeal.
- Wilson did not appeal until June 2022, well after the deadlines, explaining she believed the determinations were fraudulent and followed the advice of her "tax lady" to ignore them.
- During the time, Wilson was dealing with personal challenges, including a surgery and caring for her elderly mother, which contributed to her missing the deadlines.
- The Board and Referee found there was no evidence that Wilson was misinformed or misled by the Department or that non-negligent circumstances caused her delay; her appeal was dismissed as untimely.
- Wilson petitioned for review; the Commonwealth Court affirmed the Board’s decision.
Issues
| Issue | Wilson's Argument | Board's Argument | Held |
|---|---|---|---|
| Whether Wilson’s appeal was untimely | She thought notices were fraudulent, under advice, and had life challenges | Wilson had notice and no valid excuse for late appeal | Appeal was untimely; dismissal affirmed |
| If untimely, whether a waiver of the 21-day deadline was justified | Delay was due to non-negligent reasons (belief notices were fake, personal burdens) | No administrative error or non-negligent excuse shown | No waiver; 21-day appeal period is mandatory |
| Whether administrative breakdown occurred | Claimed confusion and bad advice led to delay | No evidence of misconduct or negligence by Department | No administrative breakdown; no relief |
| Availability of waiver for non-fraud overpayments | Should not be compelled to repay since did not receive benefits | Board notes potential for waiver request post-appeal | Wilson may submit waiver request |
Key Cases Cited
- Vereb v. Unemployment Comp. Bd. of Review, 676 A.2d 1290 (Pa. Cmwlth. 1996) (21-day appeal period is mandatory and strictly applied)
- Hessou v. Unemployment Comp. Bd. of Review, 942 A.2d 194 (Pa. Cmwlth. 2008) (burden on claimant to justify late appeal; limited circumstances for extension)
- Union Elec. Corp. v. Bd. of Prop. Assessment, Appeals & Review of Allegheny Cnty., 746 A.2d 581 (Pa. 2000) (defines administrative breakdown as negligent or improper action by an agency)