Marsh v. UCBR - Cmwlth. Court - February 7, 2012 - unreported memorandum opinion
Claimant failed to report earnings received while getting EUC. The referee and Board found that she had been overpaid (undisputed) and that the OP was fraudulent.
The Court reversed, because neither the referee nor the Board found that Marsh "knowingly" made a "false statement or representation of a material fact" or "knowingly . . . failed . . . to disclose a material fact." Both of the underlying decisions fail to address Marsh’s state of mind when making her claim for benefits.
"To find fault, the Board must make some findings with regard to a claimant’s state of mind." Chishko v. UCBR, 934 A.2d 172, 177 (Pa. Cmwlth. 2007) [citing Kelly v. UCBR, 840 A.2d 469, 473 (Pa. Cmwlth. 2004)]. Absent such findings, the Board’s order establishing a fraud overpayment must be reversed, and the case remanded for assessment under Section 4005(b) of the EUC Act.
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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent." 210 Pa. Code § 67.55. Citing Judicial Opinions.
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