543 A.2d 209 | Pa. Commw. Ct. | 1988
Opinion by
Claimant, Lynn Greenawalt, appeals from a March 2, 1987 decision of the Unemployment Compensation Board of Review (Board) which affirmed the referees determination that Claimant was ineligible for benefits under Section 401 as defined in 4(u) and Section 401(c) of the Pennsylvania Unemployment Compensation Law (Law).
Claimant filed an application for benefits with an effective date of June 9, 1985. The Office of Employment Security (OES) initially determined Claimant to be eligible for benefits but after receiving reports of Claimants part-time earnings, the OES issued a determination that Claimant was ineligible for benefits for certain compensable weeks and imposed a fault overpayment.
Claimant was employed part-time in November 1985 by Home Health Help, Inc.
This Courts scope of review in unemployment compensation cases is to determine whether any constitutional rights have been violated; an error of law was committed; or findings of fact were not supported by substantial evidence of record. Estate of McGovern v. State Employees Retirement Board, 512 Pa. 377, 517 A.2d 523 (1986); Kirkwood v. Unemployment Compensation Board of Review, 106 Pa. Commonwealth Ct. 92, 525 A.2d 841 (1987). Substantial evidence has been defined as relevant evidence upon which a reasonable
Claimant argues that the Boards fault overpayment decision is not supported by substantial evidence of record. The Board found that Claimants corrected earnings should have been reported to OES and that Claimant failed to present a reasonable explanation for the discrepancy in earnings. With respect to available work during the week ending December 7, 1985, the Board noted that Claimant failed to present a written contract to substantiate any agreement with her employer to work every other weekend and that she had in feet worked every weekend prior to the week ending December 7, 1985. Based upon this reasoning, the Board concluded that Claimant received the overpayment of benefits through her own fault.
The record is devoid of any findings which prove Claimants fault in the reporting of income. To find a discrepancy between the originally reported earnings and the corrected earnings without more is insufficient to support the Boards conclusion of fault. To find fault, the Board must make some findings with regard to Claimants state of mind. Maiorana v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, 70 Pa. Commonwealth Ct. 614, 453 A.2d 747 (1982). “ ‘Fault,’ within the meaning of Section 804(a), has been defined as ‘an act to which blame, censure, impropriety, shortcoming or culpability attaches. Cruz v. Unemployment Compensation Board of Review, 110 Pa. Commonwealth Ct. 117, 120, 531 A.2d 1178, 1180 (1987). Conduct designed improperly and intentionally to mislead OES is sufficient to establish a fault overpayment. Summers v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 146, 430 A.2d 1046 (1981).
Finally, Claimant argues that the evidence does not support the Boards finding that she was absent from available work the week ending December 7, 1985 and that she could have earned an additional $91.00 in wages. Considering the record as a whole, substantial evidence does exist of support this finding of the Board. Since Claimant worked every weekend during the period -in question, it was reasonable to assume that work was available during the weekend of December 7. Claimants argument in this regard is therefore rejected.
Accordingly, the Boards decision as to the denial of benefits, is affirmed, and reversed as to the finding of fault by Claimant. This: Court, finds the $828.00 overpayment to be a non-fault overpayment subject to recoupment under provisions of Section 804(b)
Order
And Now, this 13th day of June, 1988, the decision of the Unemployment Compensation. Board of Review is affirmed as to the denial of benefits, and reversed as to the finding of fault by Claimant: and imposition, of the fault overpayment.
Act of Dec. 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §§801, 801(c). Section 401 provides that compensation shall be payable to any employee who is or becomes unemployed and who, according to Section 401(c), has made a valid application for benefits in the proper manner and form prescribed by the Department.
See 43 P.S. §874(a) which provides that any person who by reason of his/her fault has received compensation to which such person is not entitled, shall be liable for repayment pursuant to provisions of this section.
Claimant was also employed part-time with Sycamore Manor which reported Claimants earnings directly to OES. The income received from Sycamore is not at issue in this appeal.
43 P.S. §874(b).