Chamberlain v. Unemployment Compensation Board of Review

114 A.3d 385, 631 Pa. 489, 2015 Pa. LEXIS 896
CourtSupreme Court of Pennsylvania
DecidedApril 27, 2015
Docket76 MAP 2014
StatusPublished
Cited by27 cases

This text of 114 A.3d 385 (Chamberlain v. Unemployment Compensation Board of Review) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chamberlain v. Unemployment Compensation Board of Review, 114 A.3d 385, 631 Pa. 489, 2015 Pa. LEXIS 896 (Pa. 2015).

Opinions

OPINION

Justice BAER.

This appeal presents the issue of whether a claimant sentenced to house arrest is “incarcerated” for purposes of Section 402.6 of the Unemployment Compensation Law (UC Law),1 and, thus, is disqualified from receiving unemployment [492]*492compensation benefits. Mindful of the remedial purpose of the UC Law, the Commonwealth Court held that a claimant sentenced to house arrest is not “incarcerated” under Section 402.6. Because the terms and conditions of the claimant’s house arrest did not otherwise prevent him from satisfying the statutory requirements for obtaining unemployment compensation benefits, the Commonwealth Court reversed the denial of benefits. For the reasons set forth herein, we affirm.

For ease of discussion, we begin by examining the pertinent provisions of the UC Law. Significantly, Section 401 sets forth the “[qualifications required to secure compensation.” 43 P.S. § 801. Section 401(d) mandates that the claimant “[i]s able to work and available for suitable work.” Id. § 801(d)(1).2 Further, Section 401 lists additional qualifications including, inter alia, the receipt of wages for employment for an enumerated period, participation in an active search for suitable employment, and submission of a valid application for benefits after having been unemployed for one week. Id. § 801.

Section 402.6 (Ineligibility of incarcerated employe) disqualifies a claimant from receiving benefits and provides:

An employe shall not be eligible for payment of unemployment compensation benefits for any weeks of unemployment during which the employe is incarcerated after a conviction.

Id., § 802.6.3

Here, the record establishes that in July of 2012, Charles H. Chamberlain (Claimant) was unemployed and was receiving unemployment compensation benefits. On October 2, 2012, he [493]*493pled guilty in Magisterial District Court to the summary offenses of operating a vehicle without a valid inspection, and driving with a suspended license. Relating to the latter conviction, Claimant was sentenced to sixty days in the Keystone House Arrest Program (from November 1, 2012 to December 31, 2012) with the condition that if he failed to comply, he would serve sixty days in the York County Prison. Claimant was also required to attend reemployment eligibility assessment classes via CareerLink. The terms of Claimant’s house arrest restricted him to the home of his sister, but permitted him to work, run errands, and Christmas shop.

On November 28, 2012, as relevant herein, the local service center of the Office of Unemployment Compensation Benefits issued a notice of determination that Claimant’s sentence of house arrest disqualified him from receipt of benefits because he was “incarcerated after a conviction” under Section 402.6. Claimant appealed the finding of disqualification and, on January 14, 2013, a hearing was held before a referee for the Unemployment Compensation Board of Review (UCBR). At the hearing, testimony was presented from Judy Will, an investigator for the Internal Audit Division of the Pennsylvania Department of Labor and Industry (Department), and Claimant. Will testified that the Department interpreted Section 402.6 as disqualifying a claimant who has been convicted of a crime and incarcerated, regardless of whether the claimant was under house arrest, in a halfway house, or any other place “in lieu of’ prison.

Claimant testified that during his house arrest, he spent no time in prison or any other state correctional institution, but rather lived at his sister’s residence, and had permission to work, run errands, and shop for Christmas. Indeed, he stated that he actually worked nine of the sixty days while on house arrest, and reported his work to the local service center. Claimant emphasized that he was sentenced to intermediate punishment through a county program in lieu of incarceration, and relied upon provisions of the Sentencing Code, Sections 9721 (sentencing generally) and Section 9763 (sentence of county intermediate punishment), 42 Pa.C.S. §§ 9721 and 9763, which define a sentence of county intermediate punish[494]*494ment as an alternative to a sentence of total or partial confinement in a correctional institution, and set forth various conditions a court may attach to a sentence of county intermediate punishment.4

By decision and order dated January 15, 2013, the referee concluded that Claimant was disqualified from receiving benefits during the period he was on house arrest. Citing no authority for the proposition, the referee interpreted Section 402.6 as rendering a claimant ineligible to receive unemployment compensation benefits whenever he is convicted of a crime and “incarcerated,” regardless of where the claimant serves his “incarceration.”5

[495]*495Claimant filed a timely appeal with the UCBR, claiming that the referee misapplied the law and that the referee’s decision was not supported by the record. The UCBR affirmed the referee’s decision, adopting its findings and conclusion of law that Claimant was disqualified from receiving benefits under Section 402.6.

Claimant thereafter appealed to the Commonwealth Court, reiterating his claim that house arrest does not constitute “incarceration” for purposes of Section 402.6 of the UC Law. Emphasizing that the UC Law was intended to be remedial in nature and liberally construed, Claimant argued that the plain meaning of “incarcerated” simply does not encompass living at home. Moreover, he again relied upon the aforementioned provisions of the Sentencing Code, which provide for various sentencing alternatives and categorize a sentence of house arrest differently from a sentence of confinement in prison.

Finally, Claimant analogized the term “incarcerated” in Section 402.6 of the UC Law to the term “imprisonment” in former Section 3731 of the Vehicle Code, 75 Pa.C.S. § 3731(e) (repealed), which this Court had previously interpreted as not being equivalent to house arrest for purposes of determining parole eligibility. See Commonwealth v. Kriston, 527 Pa. 90, 588 A.2d 898, 899 (1991) (holding that “it would grossly distort the language used by the legislature if we were to conclude that the term ‘imprisonment’ means merely ‘staying at home.’ The plain and ordinary meaning of imprisonment is confinement in a correctional or similar rehabilitative institution, not staying at home.”) (emphasis omitted).

In response, the UCBR argued that the phrase “incarcerated after a conviction” in Section 402.6 of the UC Law should be construed in the same manner as that phrase has been interpreted in cases involving nearly identical language in the disqualification provision for incarcerated claimants under Section 306(a.l) of the Workers’ Compensation Act (WC Act), [496]*496i.e., to encompass a sentence of house arrest.6 See Moore v. Workers’ Compensation Appeal Board (Babcock & Wilcox Co.), 811 A.2d 631

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Cite This Page — Counsel Stack

Bluebook (online)
114 A.3d 385, 631 Pa. 489, 2015 Pa. LEXIS 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chamberlain-v-unemployment-compensation-board-of-review-pa-2015.