Sweeney v. Unemployment Compensation Board of Review
2013 Pa. Commw. LEXIS 357
| Pa. Commw. Ct. | 2013Background
- Claimant Patricia L. Sweeney filed a claim for regular UC benefits on January 17, 2010 with a weekly benefit of $300 and a $120 partial credit.
- She exhausted the regular UC benefits and established an EUC claim with the same weekly amount and credit.
- On January 1, 2012, Claimant filed a new regular UC claim, receiving $573 weekly and a $230 partial credit.
- As of the week ending July 7, 2012, she exhausted the January 1, 2012 regular UC benefits and returned to the 2010 EUC claim at $300 and $120.
- The Board reasoned there were two EUC benefit years (2010 and 2012) and, under USDOL guidance, the oldest EUC claim must be exhausted first before paying benefits from a newer claim; Claimant’s remand request was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board properly ordered exhaustion of the oldest EUC claim before newer EUC benefits. | Sweeney contends UIPL 23-08 directs payment to the most recent EUC claim. | Board and State law require exhausting the 2010 EUC claim first per USDOL guidance. | Yes; oldest EUC claim must be exhausted first. |
| Whether UIPL No. 23-08 controls the payment order in multiple EUC years and supports remand denial. | Claimant argues the Board misapplied UIPL 23-08 to pay the most recent higher benefit year. | Board correctly applied USDOL guidance to exhaust the 2010 EUC claim before the 2012 EUC benefits. | Yes; UIPL 23-08 governs the order of payment and supports the Board's decision. |
Key Cases Cited
- Beddis v. Unemployment Compensation Board of Review, 6 A.3d 1053 (Pa.Cmwlth.2010) (standard of review on appeal to UCBR)
- Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (Pa. 1977) (substantial evidence and review framework)