Pennsylvania Department of Labor & Industry v. Yodis

37 Pa. D. & C.2d 358, 1964 Pa. Dist. & Cnty. Dec. LEXIS 74
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedMay 18, 1964
DocketCommonwealth docket, 1960, no. 359
StatusPublished
Cited by1 cases

This text of 37 Pa. D. & C.2d 358 (Pennsylvania Department of Labor & Industry v. Yodis) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pennsylvania Department of Labor & Industry v. Yodis, 37 Pa. D. & C.2d 358, 1964 Pa. Dist. & Cnty. Dec. LEXIS 74 (Pa. Super. Ct. 1964).

Opinion

Bowman, J.,

This matter is before the court on defendant’s preliminary objections in the nature of a demurrer to a complaint in assumpsit by the Department of Labor and Industry of the Commonwealth seeking refund of certain unemployment compensation benefits allegedly erroneously paid to defendant by reason of his fault.

On such a demurrer defendant admits all relevant facts sufficiently pleaded in the complaint and all inferences fairly deducible therefrom. Moreover, when sustaining defendant’s preliminary objections will result in dismissal of plaintiff’s suit, they should be sustained only in cases which are clear and free from doubt.1

Approaching this matter in light of these well settled principles, plaintiff’s complaint, after identifying the parties, avers in paragraph 2 that defendant as an employe within the meaning of the Unemployment [360]*360Compensation Law filed certain weekly claims for unemployment compensation benefits at a local office of the Bureau of Employment Security representing that he was totally unemployed and was otherwise eligible to receive such payments. Paragraph 3 avers various times during the year 1959 by identifying specific claim weeks, dates and amounts of checks by which defendant received unemployment benefit payments in the total amount of $448.

In paragraph 4 of the complaint plaintiff avers that subsequent to the payments of the specified benefits the Bureau of Employment Security made a determination that the claims upon which the payments were made were invalid and that defendant was not entitled to receive such payments, that written notice of this determination and reasons therefor were forwarded to defendant on August 17, 1959, that defendant failed to appeal this determination within the time limit prescribed by law said determination thereby becoming final on August 27, 1959. A copy of the written notice of determination given defendant is attached to the complaint as Exhibit A and sets forth the following

“Notice Of Determination
“Finding of Fact and Determination:
“The claimant had been employed by Locust Creek Coal Company, Shenandoah, Pa., until 5-28-59 at which time the company ceased operations. Prior to that date the claimant was unemployed at various intervals due to lack of work.
“In June, 1958, the claimant and his daughter, opened a cafe located at 40 East Centre St., Shenandoah, Pa., known as ‘Yodis Cafe’. Claimant’s name appears on the liquor license. He performs various jobs in the operation of the business such as waiting on customers, making purchases and cleaning up. The claim- and reported income from this business on his income tax return for 1958.
[361]*361“The claimant is in business; he is self-employed and therefore he is not considered unemployed within the meaning of section 401-4u-4w of the Pennsylvania Unemployment Compensation Law whether he derives a profit or not.
“The claimant is ineligible for benefits and the application is also invalid.”

The complaint further avers in paragraph 5 that on December 17, 1959, the Bureau of Employment Security notified defendant by letter (Exhibit B of complaint) that a “fault” overpayment within the meaning of section 804(a) of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897, as amended, had been established against him in the amount of $448, and identified the weeks during which he had received such “fault” payments as the same weeks for which he had been previously notified as having been ineligible for such benefits. Concluding paragraphs of the complaint aver repeated demands for repayment and defendant’s failure and refusal to pay.

In his objections defendant contends that the department’s complaint does not state a good cause of action in that:

“(a) It fails to allege that the monies sought to be recovered were paid out through the fault of the claimant, that is, that there was a fault payment.
“(b) The pleadings do not comply with the requirements of the Act of 1953, August 24, P. L. 1397, sec. 5, as amended by the Act of 1955, March 30, P. L. 6, No. 5, sec. 9.”

If defendant’s first objection involved only a question of pleading as to the sufficiency of the complaint, we could easily and properly dismiss the objection as the complaint does sufficiently aver a fault payment of unemployment compensation benefits having been made to defendant. As will be developed, however, the basic issue is not limited to a simple matter of pleading.

[362]*362Section 804 of the Unemployment Compensation Law,2 relating to recovery and recoupment of compensation benefit payments, in pertinent part provides:

“(a) Any person who by reason of his fault has received any sum as compensation under this act to which he was not entitled shall be liable to repay to the Unemployment Compensation Fund to the credit of the Compensation Account a sum equal to the amount so received by him. Such sum shall be collectible (1) in the manner provided ... in this act for the collection of past due contributions, or (2) by deduction from any future compensation payable to the claimant under this act: . . .
“(b) Any person who other than by reason of his fault has received with respect to a benefit year any sum as compensation under this act to which he was not entitled shall not be liable to repay such sum but shall be liable to have such sum deducted from any future compensation payable to him with respect to such benefit year, or the three-year period immediately following such benefit year: . . .
“The claimant and other affected parties shall be notified in writing of the department’s determination to deduct any sum from future compensation under this section, and such determination shall be subject to appeal in the manner provided in this act for appeals from determinations of compensation.” (Italics supplied)

Illegally received unemployment compensation benefits within the provisions of section 804 (a) are usually characterized as fault payments while those within section 804(b) are characterized as nonfault payments.

The first case of this court interpreting this section of the act was Department of Labor and Industry v. [363]*363Stein, 68 Dauph. 240 (1955), in which the court stated (pp. 241, 242) :

“Past due contributions may be collected by civil action in the name of the Commonwealth; Sec. 309 of Act, 43 P.S. 789. Therefore, ‘fault’ payments may be recovered by civil action. Non-fault payments may not, but may be recovered by future withholding only; Sec. 804(b). Therefore, the sine qua non to bringing the suit is a finding that there was a fault payment. There is no such finding in the present case. The most that was found was that the applications were invalid. The Board has the responsibility of making a finding of ‘fault’ payment in the first instance. In fact they have done so in some cases, namely, Decision No. B-8649, and Decision No. B-7586-A. Their ruling is subject to appeal to the Superior Court; Sec. 510 of Act; 43 P.S. 830. A decision of the Board unappealed from, or a ruling by the Superior Court is conclusive.

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Bluebook (online)
37 Pa. D. & C.2d 358, 1964 Pa. Dist. & Cnty. Dec. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-department-of-labor-industry-v-yodis-pactcompldauphi-1964.