M. McGinnis v. UCBR
155 C.D. 2017
Pa. Commw. Ct.Sep 11, 2017Background
- McGinnis filed for unemployment in June 2016 based on a layoff from ABC Transit (school van driver); he had retired from a 30-year Postal Service job effective Feb. 2016.
- He was initially paid benefits ($573 weekly) for weeks June 18–Aug. 27, 2016; Postal Service disputed eligibility, claiming he voluntarily quit (retired).
- Department sent questionnaires listing Postal Service as a separating employer; McGinnis hand‑wrote ABC Transit on one form and consistently maintained he filed for ABC Transit’s layoff, not for the Postal Service.
- Claims Transcript shows McGinnis identified ABC Transit as his separating employer and acknowledged receiving a pension; it does not show he reported the Postal Service separation or a lack‑of‑work reason for it.
- Referee and Board found McGinnis voluntarily retired from the Postal Service and that he misreported the Postal Service separation as a layoff, imposing a fault overpayment of $5,781.
- Commonwealth Court reviewed whether substantial evidence supported the Board’s finding that McGinnis intentionally misrepresented a material fact (fault) and concluded it did not; ordered overpayment be treated as nonfault recoupment.
Issues
| Issue | McGinnis' Argument | Board/Department's Argument | Held |
|---|---|---|---|
| Whether fault overpayment (intentional misrepresentation) was proven | He did not report the Postal Service as a layoff; he filed for ABC Transit and any confusion was mistake | McGinnis reported Postal Service separation as lack of work and thus knowingly misrepresented facts to obtain benefits | Reversed: no substantial evidence that McGinnis intentionally misreported; overpayment is nonfault |
Key Cases Cited
- Daniels v. Unemployment Comp. Bd. of Review, 309 A.2d 738 (Pa. Cmwlth. 1973) (defines "fault" as more than voluntary act; blame or culpability required)
- Greenawalt v. Unemployment Comp. Bd. of Review, 543 A.2d 209 (Pa. Cmwlth. 1988) (Board must make findings about claimant’s state of mind to find fault)
- Chishko v. Unemployment Comp. Bd. of Review, 934 A.2d 172 (Pa. Cmwlth. 2007) (fault encompasses blameworthy conduct)
- Fugh v. Unemployment Comp. Bd. of Review, 153 A.3d 1169 (Pa. Cmwlth. 2017) (fault includes knowing recklessness or gross negligence; mistakes/confusion do not support fault)
- Brown v. Unemployment Comp. Bd. of Review, 854 A.2d 626 (Pa. Cmwlth. 2004) (substantial evidence standard described)
- Republic Steel Corp. v. Workmen’s Comp. Appeal Bd. (Shinsky), 421 A.2d 1060 (Pa. 1980) (record must be reviewed as a whole when assessing substantial evidence)
- Chester Cmty. Charter Sch. v. Unemployment Comp. Bd. of Review, 138 A.3d 50 (Pa. Cmwlth. 2016) (Board is ultimate factfinder and may assess credibility)
- Johns v. Unemployment Comp. Bd. of Review, 87 A.3d 1006 (Pa. Cmwlth. 2014) (scope of appellate review: constitutional error, legal error, or lack of substantial evidence)