Castello v. Unemployment Compensation Board of Review

86 A.3d 294, 2013 Pa. Commw. LEXIS 545
Commonwealth Court of Pennsylvania·Decided December 9, 2013·Published·Cited by 14 cases

Opinion

PELLEGRINI, President Judge.

Jeffrey T. Castello (Claimant) petitions for review of the orders of the Unemployment Compensation Board of Review (Board) affirming two decisions of a Referee, one of which found Claimant ineligible for Unemployment Compensation (UC) benefits under Section 401(c) of the Unem[296] ployment Compensation Law (Law);1 imposing a fault overpayment under Section 804(a) of the Law;2 and assessing penalty weeks under Section 801(b) of the Law;3 and the other denying Emergency Unemployment Compensation (EUC) benefits under Section 4001(b) of Title IV of the Supplemental Appropriations Act of 2008 (EUC Act);4 and imposing a non-fraud overpayment under Sections 4005(b) and (e) of the EUC Act.5 We affirm.

Claimant filed an application for Pennsylvania benefits effective May 2011. During the claim weeks ending September 24, 2011, through October 29, 2011, Claimant reported $0.00 in earnings for each of the weeks and he received UC benefits totaling $3,384.00 for all of the weeks. However, Claimant was also paid weekly wages from Day & Zimmerman NPS, Inc. (Employer) ranging between $1,277.98 and $2,417.80 during those weeks, totaling $10,940.55. In addition, for the claim weeks ending December 24, 2011, through March 24, 2012, Claimant received $8,092.00 in EUC benefits. However, during that period, Claimant was also entitled to receive EUC benefits in Ohio totaling $2,280.00 based on a May 2010 application for benefits.

Based on the foregoing, a UC Service Center issued determinations: (1) denying [297] UC benefits for the claim weeks ending September 24, 2011, through October 29, 2011; (2) imposing a fault overpayment of $3,384.00 in UC benefits based on his failure to make a valid claim for benefits for those claim weeks; (3) imposing a penalty of eight weeks of benefits based on the overpayment of benefits; (4) denying EUC benefits for the claim weeks ending November 12, 2011, through March 24, 2012, based on his remaining eligibility for Ohio EUC benefits; and (5) imposing a non-fraud overpayment of the $8,092.00 in EUC benefits.

Claimant appealed the determinations, but neither Claimant nor Employer appeared at the Referee’s hearing. Claimant’s counsel appeared at the hearing, and Claimant’s claim file was admitted into evidence without objection.

The Referee issued two decisions disposing of the appeals. With respect to Claimant’s eligibility for UC benefits, the Referee found that Claimant earned amounts between $1,277.98 and $2,417.80 for the weeks ending September 24, 2011, through October 29, 2011; and that he reported $0.00 earnings and received $3,384.00 in UC benefits for the weeks at issue. In finding Claimant ineligible, the Referee explained:

Section 401(c) of the Law provides that compensation shall be payable to a claimant if he had been employed and has made a valid application for benefits with respect to the benefit year for which compensation is claimed and has made a claim for compensation in the proper manner and on the form prescribed by the department. Where a claimant has intentionally failed to report his earnings, it has been determined that the claimant did not file a valid claim for benefits for the weeks at issue. The claimant was not present to testify whether or not he intentionally failed to report his earnings. However, the Referee takes judicial notice of the fact that, whether a claimant files his claims by telephone through the PAT system or over the Internet, the system asks the claimant whether he has worked for the weeks at issue. Only if the claimant states that he has not worked for those weeks will the system report $0.00 in earnings. Accordingly, the Referee finds that the claimant intentionally failed to report his earnings. The claimant did not file valid applications for benefits for the weeks at issue.

(Appeal No. 12-09-H-8782 at 2). Claimant appealed, and adopting and incorporating the Referee’s findings and conclusions, the Board added:

Additionally, the record does not contain sufficient competent testimony or evidence to contradict the Referee’s determination that, by his own fault of intentionally failing to report his earnings for the weeks ending September 24, 2011, through October 29, 2011, the Claimant received a total of $3,384.00 in benefits to which he was not entitled. The Referee properly imposed a fault overpayment and eight week penalty....

(Decision No. B-546682).

The Referee likewise affirmed the Service Center’s denial of EUC benefits and the Board affirmed on appeal. The Board found as fact that Claimant received $8,092.00 in EUC benefits for the weeks ending December 24, 2011, through March 24, 2012; and that the Department ruled that Claimant was ineligible for the com-pensable weeks ending November 12, 2011, through March 24, 2012, because he had eligibility on a prior UC claim in Ohio. As the Board explained, in relevant part:

Neither the Referee nor the Board has jurisdiction over unemployment compensation claims in Ohio. Moreover, as the [298] Referee noted, the record contains no information regarding the amount of benefits, if any, that the claimant may be owed from Ohio. The claimant is disqualified from receiving benefits under Section 4001(b) of the [EUC Act] because he did not exhaust his regular UC benefits.

(Decision No. B-546684). Claimant then filed the instant appeals of the Board’s orders.6

Claimant first argues that the Board erred in affirming the fault overpayment of UC benefits because there is no evidence that he intentionally failed to report the wages that he was paid while receiving the UC benefits, and the Referee’s use of judicial notice to supply the facts to support such a finding of fault violates his due process rights.7

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Castello v. Unemployment Compensation Board of Review, 86 A.3d 294, 2013 Pa. Commw. LEXIS 545 (Pa. Ct. App. 2013).

86 A.3d 294 (Castello v. Unemployment Compensation Board of Review) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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